In a surprising turn of events at the Livingstone magistrate's court in 2023, Charles Namuchana, a 49-year-old local carpenter, found himself facing charges of trafficking in marijuana. This case unfolded when the Drug Enforcement Commission (DEC) failed to weigh the marijuana they had seized from him in his presence.
Namuchana, residing at house number 2578 Dambwa North Extension, Livingstone, was charged with "trafficking in psychotropic substances," a contrary to section 15(1)(2) of the Narcotic Drugs and Psychotropic Substances Act, Chapter 35 of 2021 of the laws of Zambia. The alleged incident took place on July 31, 2023, in Livingstone, where Namuchana was found in possession of 10.3 grams of marijuana, a herbal product of Cannabis Sativa, without lawful authority.
The prosecution's case relied on information received by DEC officers about a male individual involved in drug dealing. They formed a team and apprehended Namuchana, conducting a search that resulted in the seizure of the marijuana. However, crucially, the drugs were not weighed in the presence of the accused person. Instead, they were taken to UTH (University Teaching Hospital), where public analysis confirmed the substance to be Cannabis Sativa.
Senior Resident Magistrate Leya Kabalata emphasized that the court's judgment should be based on facts, not rumors or assumptions. The content of the marijuana was reported to be over 0.5 percent, and the public analyst's report confirmed its nature. However, the court noted that the prosecution had not provided sufficient grounds for seizing the K9000 found in Namuchana's possession or demonstrated that the money was the proceeds of a crime.
The defense argued that the prosecution had not proven their case beyond a reasonable doubt, highlighting the lack of bank details to establish Namuchana's income. Magistrate Kabalata concluded that the prosecution had failed to meet the burden of proof and subsequently acquitted Namuchana, setting him at liberty.
Following Namuchana's acquittal, jubilation erupted at the court premises. Defense lawyer Anthony Bwalya of KBF and partners requested that the seized money be returned to his client. Still, the state, represented by Michael Akamonia, objected, asserting that the money was tainted property defined under the Proceeds of Crime Act.
Akamonia further argued that the marijuana should be forfeited to the state since no one was claiming it and suggested that it be destroyed by the senior clerk of court in the presence of DEC officers. He insisted that the money should be deposited into the government account, in accordance with the court's judgment.
Bwalya continued to press for the money's return to his client, contending that the state had not provided adequate reasons for his client's suffering, nor had they proven that the money was derived from criminal activities.
Magistrate Kabalata reserved her ruling on the matter, particularly the state's second application, to October 31, 2023. This decision left the fate of the seized money in limbo, pending further legal deliberation.
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