A South African woman and a Nigerian national were convicted after police found meth worth over R260 000 during a roadblock
A 30-year-old South African woman willingly allowed herself to be used as a drug mule for an illegal Nigerian national for the love of money.
This is what the evidence indicated in the drug-dealing trial of Vuyisekha Miranda Mzwakhe and Victor Ikechukwu Udoh at the Oudtshoorn Regional Court in the Western Cape.
Woman willingly became drug mule for money
The court found that Mzwakhe voluntarily approached Udoh via social media, offering herself as a drug mule around South Africa.
The Oudtshoorn Regional Court convicted the duo for drug dealing and further convicted Udoh for breach of the Immigration Act after he remained in the country illegally for more than five years.
Regional Court prosecutor Hyron Goulding led evidence in court that Mzwakhe approached Udoh on social media, asking whether he knew of a Nigerian in Oudtshoorn, where he stayed.
She offered to transport “stuff” for him from Plettenberg Bay to Johannesburg or Durban, but only if it is not outside South Africa’s borders.
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National Prosecuting Authority (NPA) regional spokesperson Eric Ntabazalila said Udoh asked Mzwakhe if she was sure about what she was committing herself to, and she confirmed.
“Udoh deposited money into her bank account for her to travel from Gqeberha to George and for her to pay for a guesthouse,” Ntabazalila said.
Goulding led evidence from the guesthouse owner, who confirmed that he received a call from a man on 15 October 2021, who booked a room.
Udoh’s parcel delivered to guesthouse
The owner told the court later; a courier brought a parcel to his guesthouse, and he thought it was for the guesthouse. The man who booked the room called, asking about the parcel, and he informed the owner that it was his.
Mzwakhe arrived that afternoon, checked in, and was given a gate remote and key. She opened the gate for Udoh, who came after her.
Afterwards, Mzwakhe gave the owner the keys, signalling their departure. Ntabazalila said the duo boarded a taxi to Oudtshoorn.
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Mzwakhe and Udoh’s downfall came when the police received a tip-off about a suspicious couple in the taxi.
The police set up a roadblock and stopped the taxi. A police officer introduced himself to the driver and passengers and requested permission to search the vehicle, which was granted.
The police officer noticed Mzwakhe with the box on her lap and Udoh seated behind her. He asked the passengers to get out of the taxi, and Mzwakhe left the parcel behind.
Police intercepted taxi and uncovered meth
The officer picked it up and asked whose parcel it was, and she indicated that it belonged to Udoh. At the time, Udoh carried Mzwakhe’s bag with her clothes, identity document and her passport.
“Police opened the box, and it had 743 grams of methamphetamine (tik) with a street value of R260 050. Police arrested them,” Ntabazalila said.
In court, Mzwakhe pleaded not guilty, arguing that it was not her parcel and that Udoh asked her to collect it from the reception. She said she was not aware that the parcel contained drugs.
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Mzwake was released on bail but later arrested on a warrant of arrest after she failed to appear in court. She spent a year in custody before sentencing, and Udoh, 33, whose bail was opposed, spent five years in prison before sentencing.
Udoh pleaded not guilty, arguing that the search and seizure were unconstitutional and the evidence was obtained unconstitutionally.
Search and seizure constitutionality
Ntabazalila said Goulding argued that Section 22 (a) of the Criminal Procedure Act 51/1977 states that a police official may, without a search warrant, search any person if the person consents to the search and seizure of an article in question.
“Police had a roadblock authorisation document, which authorised them to stop and search any vehicle for contraband and illegalities,” he said.
“He further argued that the drugs were found in Mzwakhe’s possession, and she should be the one arguing search and seizure constitutionality but chose not to waste the court’s time with a trial within a trial.”
According to the evidence, Mzwakhe was a voluntary participant who allowed herself to be used as a drug mule, and Udoh was the mastermind behind the drug business.
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Ntabazalila said this is why, for the drug dealing charge, there is a difference in the sentence between the two accused.
“Social media messenger shows conversations where Mzwakhe willingly chatted with Udoh a few days before the incident. She knew that Udoh would use her as a drug mule, and she agreed to it for the love of money,” he said.
‘A willing participant’
“She was his drug mule, a willing participant who was out to destroy lives and cause chaos in Oudtshoorn.”
Goulding also argued that Udoh had stayed in the country illegally for five years. The Department of Home Affairs had already informed him of the rejection of his asylum application in 2016.
The court sentenced Mzwakhe to 15 years’ direct imprisonment and Udoh to 20 years’ direct imprisonment for drug dealing.
It sentenced him to two years’ direct imprisonment for breach of the Immigration Act, effectively sentencing him to 22 years’ direct imprisonment.
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The court declared both unfit to possess a firearm.
“The NPA welcomes the sentence, as the availability and abuse of drugs is destroying communities, leading to serious violent crimes,” Ntabazalila said.
