A man’s jail sentence over dagga has been overturned after a magistrate applied a law that was declared unconstitutional 29 years ago.
Celucolo Michael Mkhonza was sentenced to three years in prison by the Chief Albert Luthuli Magistrate’s Court in Mpumalanga on 10 May 2023, following his arrest for marijuana (dagga) possession three days prior.
His sentence was conditionally suspended for five years.
Additionally, the accused was fined R5 000 or given the alternative of serving 24 months in prison.
Mkhonza appeared before Acting Magistrate MH Ledwaba on 8 May 2023, where he informed the court that he would represent himself and intended to plead guilty to the charge against him.
The accused admitted to possessing 3.26 kilograms of marijuana, which he was transporting to someone in Witbank.
He also acknowledged receiving the dagga from “this other person from Swaziland”, but denied that he was involved in drug dealing.
Read more here.
