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Adv Sphamandla Blose
 
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Our law in crisis

13 August 2014, 05:15

The South African law has been too lenient regarding drugs cases compare to other countries like China where execution of death penalty as means of “justice” is easy to implement without fear or favour.

South African justice system has failed to take concrete evidence to put those who are found guilty to be charged.

Last month the “biggest” drug laboratory owned by foreigners was found in Kloof and three men were arrested in the area, upon searching the property police discovered 50 kg bags of what was suspected to be pure heroin powder and industrial manufacturing machine.

According to the statement released by police, during the police last count there were more than 200 bags with the total estimated value of R3 billion.

After all the dirty work these foreigners did in killing people by selling these drug all three suspects were charged with manufacturing drugs and they appeared in court on the 27th of July.

Now it is very clear that in South Africa there is no law that is strictly enforcing concrete penalties for those from outside the country who are found accountable.

Another case that happened in 2013 when Durban Metro was conducting an operation and 11 men were arrested who were between the ages of 23-45 years.

The 11 suspects were allegedly packing drugs into containers getting ready for the street market.  The suspects included foreigners from Burundi and they were also arrested.

Sum of 100 000 mandrax tablet, a quantity of sugars and heroin powder that worth approximately R5 million.  All the suspects received the very light charges as they were only charged with dealing in drugs.

 With that regards it is very important to mention case of Janice Bronwyn Linden (35) who was charged with death penalty in China, according to the reports by eNCA she was executed after she was caught in Guangzhou with 3kg of crystal methamphetamine in 2008.

It was said that should she have confessed to the charges that were layed against her, she would not have been executed; her sentence could have been reduced to life sentence.  But she continued in maintaining her innocence.

When comparing these cases you could see a huge difference in judgement or charges against a foreign individual to the respective country, it is clear that South Africa is too lenient in their justice system.

That brings my argument to the last case of Nolubabalo Nobanda (23) who was caught smuggling 1.5 kg of cocaine tighten in her dreadlock as she was on her way to Bangkok.

Nobanda was arrested in Thailand when she was sentence 15 years in jail.  Research has shown that Thailand is regarded having the toughest anti-drugs laws on the planet, with judges permitted to impose the death penalty for traffickers.

So without having to bring back  death penalty, South Africa should urgently find ways to penalize drug traffickers from outside the country so to earn the respect the county deserve within the justice department as it has appear not fit enough when compare to other countries.

SPHAMANDLA BLOSE

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