Suspect guilty of smuggling dagga
Two suspects appeared in the Malalane Periodical Court this past Wednesday on charges of transporting drugs worth over R100 000.
MALALANE – The male and female suspects were arrested on March 9 along the N4 and were found with dagga weighing 60,50 kilograms. Charges against the female suspect were dropped due to insufficient evidence, while the 46-year-old male, Mr Mojsrall Modisenyane, pleaded guilty to the charges and stood trial.
According to him, he was transporting the dagga to a traditional healer in Gauteng and was going to receive R800 as payment.
“Yes I do admit, I am wrong and I will never do it again,” Modisenyane’s defence said on his behalf.
The defence also implored magistrate Mr Lucky Mhlanga to consider the accused’s personal circumstances as his son was ill and in hospital and asked for a suspended sentence.
However, the state opposed the request of a totally suspended sentence and asked for a sentence which would deter him and others from committing a similar crime.
Handing down his verdict, Mhlanga said it was not possible to ignore the fact that Modisenyane had committed a serious offence which is also widespread in the Nkomazi sub-region.
“Not a single sitting passes without there being a case similar to this one. However, all cases are treated differently,” he explained.
Mhlanga questioned the accused’s alleged planned destination, as he had stated on the docket he was from Botswana and the magistrate believed he was on his way there.
“I don’t have enough evidence to prove this, so let us not dwell much on that,” said Mhlanga.
He said it was clear that the court was failing to curb these widespread illegal acts, therefore giving the accused a light sentence wouldn’t be in the interest of justice.
“Do not be shocked by the sentence, as it might come as a shock to you. Since you have not wasted the court’s time and pleaded guilty, you are found guilty as charged and are to pay R20 000 or spend 20 months in prison. A total of R10 000 of your fine, and 10 months of your sentence are suspended for five years.”
Mhlanga said the confiscated dagga would be kept in police custody and be destroyed.
By the time of going to print, Modisenyane had made bail.
