23 Nov 2014

Dewald De Beer, a South African national charged with importation of drugs without the director of health’s approval, has appealed his one-year imprisonment term and a P10 000 fine.

De Beer, 23, who was sentenced on Wednesday, November 19 by Village Magistrate, Priscilla Ditlhong, has made an application to the Court of Appeal seeking for the setting aside of the magistrate court’s decision.

The grounds of the appeal are that the magistrate erred in evoking one-year imprisonment sentence. He was sentenced to a maximum of two years imprisonment and suspended one year. 

The appellant also states in his court papers that the sentence is excessive and disproportionate to the gravity of the offence and did not  take into account the amount or quantity of the drug, ephedrine.

Through his lawyer, Mr Friday Leburu, he said the magistrate erred in making an order for the forfeiture of the exhibits. De Beer argues that the making of such an order is incompetent at Law, for the importation of Schedule Two Drugs without prior consent of the director is not to be followed by automatic seizure of the said drugs.

The facts of the case indicated that De Beer arrived in Botswana on October 17 at Sir Seretse Khama Airport aboard Kenya Airways from India after connecting in Nairobi.

Upon his arrival, he is said to have informed airport officials that his luggage was left in Nairobi and would come on the same flight after two days. He would come to collect it.

However, on October 18 De Beer was arrested at Rail Park Mall in Gaborone after a tip off that his en-route luggage could be containing some drugs. 

On October 19 he was taken to the airport to identify his luggage, which upon search some whitish powder was discovered contained in plastic bags in the bottom of his suite case.

The drugs were seized and sent to police laboratory, where it has since been established that they were ephedrine, which needed the consent of the director to pass through the country to its final destination.

Inspector Modironyana Lekone of SSKA Police Station, who is the prosecutor in the matter, has presented before the court a police laboratory affidavit, customs clearance certificate, the certificate of weights and the ephedrine which weighed 9.663kg as part of evidence.

A subsequent finger print out from police finger prints bureau has confirmed that De Beer has no previous convictions. 

The charge of importing ephedrine without the approval of the director of public health attracts a maximum fine of P20 000 and or two years imprisonment. Ephedrine is a second scheduled drug under Drugs and Related Substance Act. 

It is not a habit forming drug as it is a controlled drug and could be dispensed from a pharmacy because of its medicinal properties.

Possession of ephedrine in Botswana does not constitute an offense, but its importation needs a certificate from the director of health services. ENDS