S v Mahlangu

• Jurisdiction: South Africa
• Court: Transvaal Provincial Division
• Judge: Jordaan J and Grobbelaar J
• Judgment Date: 10 July 2003
• Citation: 2004 (1) SACR 280 (T)
• Hearing Date: 10 July 2003
• Docket Number: A1422/2003

Jordaan J:

The accused was charged in the E magistrate's court Siyabuswa with a contravention of s 5 (b) of the Drugs and Drug Trafficking Act 140 of 1992. It was alleged in the charge-sheet that he dealt in a dependence-forming drug, to wit 2,308kg of dagga.

It was not in issue that the dagga was found in possession of the accused and consisted of 544 'fingers' of dagga. The accused pleaded F guilty and admitted that he sold dagga. He said he did so because he was trying to raise money to pay a specialist because he is a sickly person.

The accused was sentenced to a fine of R6 000 or two years' imprisonment.

When the matter originally came before me I directed the following G query to the magistrate:

'In the light of the fact that the accused is a first offender should a portion of the sentence not have been suspended?'

The magistrate in his further reasons indicated that drastic measures are necessary to discourage the accused and others from drug H peddling. He stressed the deterrent effect a sentence must have.

I then requested the office of the Director of Public Prosecutions for their...