SHAWAWA Village Headman in Chief Nkula’s Chiefdom of Chinsali District has been sentenced to six months imprisonment with hard labour for drug trafficking.
Joseph Chewe, 61, has also been given a six months suspended sentence by the Chinsali Magistrate Court for trafficking in 10 grams of Marijuana.
Chinsali Resident Magistrate, Georgy Banda, on Monday convicted and sentenced Joseph Chewe for trafficking in psychotropic substances contrary to section 15 of the Narcotic drug and Psychotropic substance Act No. 35 of 2023 of the laws of Zambia.
Particulars of the offence are that on 30thAugust, 2024, Mr Chewe did traffic in marijuana weighing 10 grams, a herbal product of marijuana cannabis containing more than 0.3% Delta-9- Tetrahydrocannabinol (THC) without lawful authority.
Brief facts before the court are that Officers from the Drug Enforcement Commission (DEC) on the material day conducted a search at the offenders home and found a bag on the roof of his grass thatched house containing Marijuana herbs, a roll of marijuana, Sugar paper and a box of matches, and after a further search the DEC Officers also found marijuana in the pocket of the convict.
In mitigation, Mr Chewe said he has regretted his actions and if given a second chance he is willing to reform, adding that as a village Headman he will be an ambassador against drug trafficking in his Village.
“Am pleading with the Court to exercise leniency on me as I have learnt my lesson,” he said.
He added that he is a guardian of four orphans and at the same time looking after his mother and father in law who are both elderly and need his help.
The Magistrate Banda pointed out that the prosecution has proved the case beyond all reasonable doubt that the offender did traffic Marijuana without lawful authority.
And presiding over the matter, Resident Magistrate Banda said there is no evidence that someone could have planted Marijuana in Mr Chewe’s pocket because during cross examination the now convict admitted that no one had planted the herbal substance in his right pocket.
He added that the marijuana which was found in the convict’s pocket and in the bag were subjected to a test and it was found to be marijuana as confirmed by the public analyst affidavit, further establishing that the offender is an abuser of the said drug.
The Magistrate Banda said he has taken into consideration the request for leniency by Joseph as a first time offender.
He stated that he has taken into account of the Narcotic Drugs and Psychotropic Substances section 39 of 2021 on which the Court may order suspension of the whole or any part of the penalties imposed on grounds that one is a first time offender, a drug abuser, a drug dependent person or below the age of 18.
Resident Banda therefore has sentenced Mr Chewe to one year imprisonment with hard labour with effect from the day of arrest and suspended six months from the 12 month jail sentence.
