Legal
battle
…
the
legal
status
of
crystal
meth
has
been
the
subject
of
a
legal
battle
between
lawyers
and
Zimbabwe’s
prosecuting
authority
HARARE
–
Legal
experts
claim
that
the
declaration
of
crystal
meth
(mutoriro)
as
a
dangerous
drug
is
likely
to
result
in
unending
legal
battles
as
hundreds
of
people
were
convicted
and
jailed
before
the
declaration
over
the
past
years.
On
October
11,
2023,
the
Zimbabwe
government
classified
methamphetamine
as
a
dangerous
drug.
Prior
to
the
declaration,
there
had
been
legal
battles
with
lawyers
arguing
that
crystal
meth
is
not
a
scheduled
drug
under
the
Dangerous
Drugs
Act,
yet
the
National
Prosecuting
Authority
was
seeking
convictions
for
those
found
in
possession.
The
fight
was
whether
methylenedioxymethamphetamine,
whose
possession
is
illegal
under
the
law,
is
the
same
drug
as
methamphetamine.
Lawyers
have
consistently
argued
the
two
have
different
chemical
composition,
and
now
the
government
appears
to
have
conceded
with
the
publishing
of
Statutory
Instrument
167
of
2024
in
which
the
Medicines
Control
Authority
of
Zimbabwe,
in
consultation
with
the
Minister
of
Health
and
Child
Care,
made
amendments
to
the
Dangerous
Drugs
Act.
Meanwhile,
several
people
have
been
convicted,
jailed
and
others
are
serving
various
sentences
based
on
the
previous
legal
regime
which
lawyers
say
did
not
criminalise
possession
of
methamphetamine,
only
methylenedioxymethamphetamine.
Legal
experts
say
the
law
change
will
likely
open
floodgates
of
legal
challenges.
Harare
lawyer
Paida
Saurombe
said:
“The
constitution
is
clear
that
every
person
has
a
right
not
to
be
convicted
of
an
offence
that
was
not
an
offence
at
the
time
it
took
place.
“Those
convicted
on
non-offenses
have
a
remedy
to
have
those
convictions
and
sentences
quashed.”
Lawyer
Admire
Rubaya
has
been
locked
in
a
fierce
battle
with
the
NPA
after
two
men
he
is
representing
were
charged
with
possession
of
dangerous
drugs
after
being
arrested
with
methamphetamine.
Prince
Samuriwo
and
Humphrey
Banda
pleaded
not
guilty
when
they
appeared
in
court
on
October
2023,
with
Rubaya
arguing
that
the
charge
was
defective
as
the
law
did
not
list
crystal
meth
–
or
its
legal
name
methamphetamine
–
as
a
dangerous
drug.
“A
drug
does
not
become
a
dangerous
drug
simply
because
the
general
populace,
the
NPA
and
politicians
want
it
to
be
treated
as
a
dangerous
drug
whose
alleged
possession
is
punishable
in
terms
of
the
criminal
law.
A
drug
can
only
be
dangerous
in
terms
of
the
law
if
it
is
one
which
fits
into
the
definition
of
a
dangerous
drug
in
terms
of
the
law,”
Rubaya
argued.
Rubaya
also
made
similar
arguments
on
July
2,
2021,
when
he
represented
one
Anisha
Brenda
Gumbo
who
was
charged
for
allegedly
dealing
in
dangerous
drugs
having
been
found
in
possession
of
89
sachets
of
crystal
meth.
The
lawyer
argued
that
crimes
are
created
through
statute
and
not
by
the
courts
merely
because
there
is
need
to
address
the
abuse
of
crystal
meth
by
young
people.
“The
responsible
minister
ought
to
specify
crystal
meth
as
a
dangerous
drug
in
terms
of
section
14
of
the
Dangerous
Drugs
Act,
failing
which
the
law
as
it
currently
stands
does
not
create
a
crime
from
the
alleged
possession
of
crystal
meth
or
any
dealings
in
crystal
meth,”
he
argued
then.
The
government
appears
to
have
finally
relented,
admitting
a
gap
in
the
law.
Bulawayo-based
lawyer
Nkosiyenzile
Mpofu
said:
“The
question
now
is,
what
will
happen
to
the
several
people
incarcerated
over
the
defective
law
as
it
has
been
shown
that
before
October
11,
crystal
meth
was
not
listed
as
a
dangerous
drug?”