24 Jun 2024

People who have been charged and sentenced for being in possession of Methcathinone, also known as CAT, prior to a recent landmark high court ruling, will remain convicted and sentenced.

A lawyer at Tshekiso, Ditiro and Jani Legal Practice, Mr Kagiso Jani explained in an interview that the court decision was unlikely to be retroactive.

“The groundbreaking ruling on Methcathinone, which freed those charged for the offence, will not extend its protective umbrella to those whose cases had already been closed,” said Mr Jani.

The lawyer stated that the decision, which was based on the absence of the Methcathinone in the list of illegal drugs under the Botswana drug laws, came as a surprise to many who had been previously convicted and sentenced for the same offence.

He explained that all along it was known that possession of CAT was an offence until the High Court agreed with the then accused person that on proper reading of the relevant legislation, CAT was not designated as a prohibited drug.

“The result is that the accused cannot be tried for something, which the law does not prohibit. Unfortunately, for those who were tried and convicted in the past, there appear to be very little that they can do as they were convicted before the position was clarified,” he added. 

“For those whose cases are still being heard, the opportunity for raising the issue of non-existent offence remains,” said Mr Jani.

He explained that the ruling had set a significant precedent and if presented in court, could lead to favourable outcome for those accused of CAT possession.  

In the landmark case, Justice Godfrey Nthomiwa of Maun High Court in April this year, delivered a ruling that shook the foundations of the country’s drug laws, freeing a Newton Pelekekae charged for possession of Methcathinone. 

However, the Ministry of Health moved swiftly to designate CAT accordingly.

But, Pelekekae has taken the Directorate of Public Prosecution (DPP) to court for charging him with a non-existing offence. ENDS