The offence attracts a maximum fine of half a million Pula or 25 years imprisonment or both
Eswatini nationals a 34-year-old man and his girlfriend aged 26 were on Wednesday granted temporary freedom by the Molepolole Magistrates’ Court to await trial for a charge of trafficking of illicit drugs (dagga) outside jail.
According to the charge sheet, Sikhumbuzo Mavumbuka Matsenjwa from Motjane village-Eswatini, and Siphiwesakhe Dlamini from Manzini-Eswatini were on December 2nd, 2023 at Thamaga in Kweneng District acting together and in concert to unlawfully traffic Dagga weighing 9. 497,3 grams being a narcotic drug from Eswatini into Botswana.
It is alleged that law enforcement officers acting on a tip off trailed the truck that was from Eswatini delivering some goods to local shops around Gaborone and Thamaga.
The officers intercepted the truck at Thamaga Choppies Store and upon arrest the driver Matsenjwa, tried to block the officers from searching his lorry by locking himself inside.
The police and the Directorate of Intelligence Services (DIS) however went on with the search and retrieved dagga rolls suspected to be valued at P20 000 on the black market.
The duo were arrested and arraigned before court on the 5th of December last year and remanded in custody.
Their bail application was heard this week Monday and ruling was scheduled to be delivered on Wednesday.
In bail argument the state indicated that the accused were foreign nationals and have no permanent place of abode in Botswana and therefore could easily escape if they were to be released on bail.
It was the investigating officer’s testimony that there had been similar cases in which foreign nationals were granted bail and later absconded.
Defence Council Ngandu however argued that the accused are presumed innocent until the contrary is proved therefore their liberty was guaranteed by the constitution.
He also cited that there were people willing to stand as accused person’s sureties.
Prosecutor Sub Inspector Ogone Motsholathebe lastly submitted that the offence attracts a sentence of a maximum fine of half a million Pula or 25 years imprisonment or both which might incite the accused to abscond.
Finally, Principal Magistrate Solomon Setshedi admitted the accused a conditional bail that they each provide cash bail in the sum of P15 000, provide two Batswana sureties binding themselves in the like some, surrender their passports to Thamaga station commander, attend court at all times and report themselves at the nearest police stations fortnightly.
Matsenjwa and Dlamini are scheduled to appear for mention on March 12th, 2024.
