BULAWAYO- The High Court has sharply criticised and overturned a 15-year prison sentence handed down to a Beitbridge man convicted of dealing in cannabis, citing gross misapplication of the law and a failure to consider mitigating factors and sentencing guidelines.
Tapfuma Moyo was convicted on 21 May 2025 after he was caught with 40.56 kilograms of cannabis (locally known as mbanje) at the Beitbridge Border Post. He pleaded guilty and was sentenced by a regional magistrate to 15 years imprisonment, with six years suspended.
However, in a strongly worded review judgment, Justice Mutevedzi—sitting with Justice Ndlovu—ruled that the sentence imposed was both procedurally flawed and excessively harsh.
The court noted that under Zimbabwean law, cannabis is not classified among the dangerous drugs that attract mandatory minimum sentences when dealt with in aggravating circumstances. Justice Mutevedzi pointed out that cannabis has been “separated from all other dangerous drugs and placed in a special category,” noting its growing acceptance globally and locally for medicinal and economic purposes.
“The maximum sentence an offender can receive for unlawful dealing in mbanje is 15 years’ imprisonment,” the judge ruled.
“The jurisprudence in sentencing is that the maximum penalties must be reserved for the worst types of a given crime. The trial magistrate erred in treating 15 years as a presumptive sentence.”
The judgment also emphasised that courts must consider imposing fines before resorting to imprisonment, especially for first-time offenders—a principle that was ignored in Moyo’s case.
Moreover, the court found fault with the magistrate’s order to destroy the confiscated dagga, despite Zimbabwe having liberalised cannabis cultivation for medicinal and research purposes in 2018.
“Throwing 40 kgs of mbanje down an incinerator simply because it is tradition may be uneconomical,” Justice Mutevedzi remarked.
Ultimately, the High Court reduced Moyo’s sentence to 9 years imprisonment, with 3 years suspended on condition of good behaviour for five years. The revised sentence reflects an attempt to strike a balance between discouraging drug trafficking and ensuring proportional punishment.
The court directed that the trial magistrate recall Moyo to inform him of the amended sentence.
This ruling is likely to influence future sentencing in cannabis-related offences and may accelerate policy discussions around the treatment of cannabis in Zimbabwe’s legal system.
The post High Court slashes harsh 15-year jail term for cannabis dealer appeared first on Zimbabwe News Now.