The details of the charges are of interest in this report
A student of the Southern Africa Nazarene University (SANU) and her mother were arrested and charged for illegally possessing cocaine.
Sinqobile Dlamini (24), a second-year student, was arrested together with her mother Zanele Kunene (49) after being found with 0.081kg of cocaine, which according to the Pharmacy Act, is classified as poisonous and harmful.
They were busted by the police while at their place of abode at Fairview last Tuesday.
They appeared before Principal Magistrate Florence Msibi at the Manzini Magistrate’s Court last Friday.
It is alleged that the mother-daughter duo was dealing in these two harmful drugs.
The cocaine was allegedly meticulously concealed in pads, a perfume box, and a razor box.
In addition to allegedly possessing the cocaine, the duo was also charged with contravening the Pharmacy Act in that they also allegedly possessed 0.271kg of dagga without a permit.
For both aforementioned offences, the student and her mother violated Section 12(1) (a) as read with Section 12(1)(i) of the Pharmacy Act 38, 1928 as amended.
This section stated that: ‘a person who is found in unlawful possession of a poison or potentially harmful drug shall be guilty of an offence and liable, on conviction for a first offence, to a fine not exceeding E15 000 or imprisonment not exceeding 15 years’.
According to Dlamini and Kunene’s charge sheet, which had a total of four counts, they allegedly acted jointly in furtherance of a purpose, unlawfully dealt in cocaine and dagga by way of sale or similar transaction.
This, according to the charge sheet, was a contravention of Section 12(2) as read with Section 12(2) (a) of the Pharmacy Act as amended.
These sections provided that; ‘a person who unlawfully deals by way of sale or similar transaction in poisons or potentially harmful drugs shall be guilty of an offence and liable, on conviction for a first offence, to a fine not exceeding E10 000 or imprisonment for a term not exceeding 10 years’.
Besides the two types of drugs, a sum of E25 010.90 was found in the house where the student and her mother were.
offence
The charge sheet stated that the money had been obtained through the commission of an offence.
This was a breach of Section 4(1) (c) as read with Section 76 and 89(1) of the Money Laundering and Financing of Terrorism (Prevention) Act 6 of 2011.
The penalty for contravening the aforementioned Act, in the case of an individual, is 10 years imprisonment or a fine of not less than E100 000, or both.
During the court appearance, the duo was represented by lawyer Ncamiso Nxumalo who applied for bail on their behalf.
Nxumalo said Dlamini was a student who needed to continue with her studies. He said the 24-year-old intended to plead not guilty.
On behalf of Kunene, the lawyer submitted that she was a mother of seven children, three of whom were still in primary school, and that they need her.
Also, Kunene was said to be self-employed running a Mobile Money business.
“I have been instructed to apply for bail.
“They will not evade trial. They will not interfere with the crown’s witnesses as they do not know who they (witnesses) are,” submitted Nxumalo.
Further, the lawyer said Dlamini offered E3 000 as bail while Kunene had E5 000 to offer as bail, which Magistrate Msibi granted them, respectively.
The Crown applied for detention of the exhibits that were found allegedly in the possession of the accused. The court granted the order. The two women were remanded into custody until April 10, 2025 for trial.
