Gwanda Magistrate Calls for Drug Law Reform, Says Addicts Need Treatment Not Jail

By Percy Nhara | Southerton Business Times

GWANDA – A Gwanda magistrate has called for a rethink of Zimbabwe's approach to drug-related offences, arguing that people struggling with drug addiction should be treated as victims requiring rehabilitation rather than criminals, while law enforcement intensifies efforts against suppliers and trafficking networks.

Magistrate Wayne Moyo made the remarks while sentencing Sibusiso Baloyi (21), who pleaded guilty to unlawfully possessing cannabis after police allegedly found him with prepared dagga joints at Maqethukane Business Centre in Gwanda. Baloyi was fined US$150, payable on or before 7 August 2026, failing which he will serve two months' imprisonment. An additional two-month prison term was wholly suspended for two years on condition that he does not commit another offence involving the unlawful possession of dangerous drugs.

In his sentencing remarks, Moyo acknowledged the harmful effects of drug abuse but said addiction should primarily be viewed as a public health issue rather than solely a criminal matter.

"It is well-recognised that drugs are inherently addictive, and individuals found in possession are often victims of socio-economic hardships rather than mere criminals," he said.

The magistrate questioned whether Zimbabwe's current drug enforcement strategy was targeting those most responsible for the illicit drug trade.

"The real culprits behind drug trafficking are often well-connected politically and financially, enabling them to evade arrest and prosecution."

He said the justice system should focus more on dismantling drug supply chains while providing rehabilitation and counselling for people battling addiction.

Moyo said custodial sentences for simple drug possession may not always achieve justice or reduce substance abuse.

"The court finds that the typical harsh sentences imposed for such offences may be unnecessarily punitive. Instead, a focus on reform and rehabilitation is warranted."

He urged the Government to invest in more drug rehabilitation centres, counselling services and treatment programmes to address Zimbabwe's growing substance abuse challenge. The magistrate noted that Zimbabwe's dangerous drugs legislation already provides alternatives to imprisonment, including a Level Five fine or an order requiring treatment for addiction in appropriate cases.

In support of his reasoning, Moyo cited the Supreme Court judgment in Zimnat Insurance Company Limited v Chawanda, saying the law must evolve to reflect changing societal realities.

"The law must remain dynamic and adapt to changing social realities if it is to continue serving the interests of justice," he said.

According to the National Prosecuting Authority (NPA), detectives were conducting patrols at around 4pm on 2 July when they allegedly saw Baloyi preparing a cannabis joint at Maqethukane Business Centre. Police identified themselves before searching him and reportedly recovered another prepared cannabis joint tucked behind his left ear. He was arrested and later pleaded guilty to unlawful possession of dangerous drugs.

The case comes amid growing national debate over how Zimbabwe should respond to rising drug and substance abuse, with health experts increasingly advocating treatment-based interventions alongside stronger action against drug trafficking syndicates.

Zimbabwe drug law reform