GREEN Party President Peter Sinkamba has provided a lawyer to represent a 58-year-old man of Sinazongwe who was dragged to Choma Magistrate’s Court for cultivation of marijuana which he claims to treat epileptic patients and exorcise bad spirits.
Maxon Siansimba, a farmer of Bulozya Village is charged with unlawful cultivation of psychotropic substances. It is alleged that on May 24, this year in Sinazongwe, he unlawfully cultivated 15.1 kilogrammes of cannabis plants from which marijuana can be extracted.
When the matter came up for plea before Chief Resident Magistrate Willie Sinyangwe on Friday last week, Siansimba admitted the charge but he was not being represented by a lawyer.
He told the court “I admit the charge. I smoke the marijuana. I also use it to protect people from epilepsy. I also administer it on infants to protect them from bad spirits”.
When asked if he had lawful authority to administer the drug, Siansimba replied in the negative and he appeared yesterday for written facts Mr Sinyangwe.
Legal counsel Clement Tafeni of Kuta Chambers Legal Practitioners who represented Siansimba in the matter, made an application.
“We would to charge the plea to not guilty on the basis that the accused has been charged that he was cultivating psychotropic substances and he told the court that he was cultivating the plant to treat epileptic patients,” Mr Tafeni said.
He stated that Siansimba is charged under Section 9 of the Narcotic Drugs and Psychotropic Act, as amended by Act No. 13 of 1994 which among others, provides that no person shall be guilty of the offence under this section if the plant is cultivated for purposes of medicine.
But DEC public prosecutor Francis Mphanza objected to the application saying he was not sure whether the submission was to change the plea or submit that his client was not guilty.
The court granted the application and Mr Tafeni applied for Siansimba’s bail which the court granted in the sum of K10, 000 in his own recognisance with working sureties. Trail was set for August 14, this year.
And Mr Sinkamba said in a statement yesterday that he was in contact with Siansimba and Mr Tafeni is under instruction to apply for a constitutional bail pending determination by High Court.
“Our contention is that in the last 21 years that the Act has been in force, Government has willfully neglected to delegate an institution or authority to permit the cultivating or administration of marijuana for medicinal purposes,” he said.
He said neither the ministry of Health nor DEC has been delegated with such permitting authority while some herbalists freely administer herbs for medicinal purposes to patients.
I’m in total support of Sinkamba on this one well done sir!!! The DEC are the Devil Enforcing Commission they are devil worshippers that use underhand methods to arrest poor Zambians instead of providing alternatives they would rather see a poor mother of 13 children sent to the cells for 10 years for being in possession of 100 grams of marejuena. DEC was established and funded by white pig racists from countries that are now legalising the same drug for medicinal purposes and yet ba Zambia we want to continue following these outdated laws. Let us please disband DEC, the ZP are competent enough to handle such matters.
Why should people fight against God’s creation.herb/eye grain/sinsmilla/weed isn’t man made for them to arresting people.arrest those selling liquor at Stanley Bar in lsk.please how many people are dying as a result of liquor?many have contract TB because of liquor.ganja has no deadly side effects compared to liquor.leave the herb so that the ozone layer is protected .
Zambia seems to be one of the few countries where most of the people they keep sending to schools come out still uneducated. Trying to reason with our officers is like talking to a robot.
He told the court “I admit the charge. I smoke the marijuana. I also use it to protect people from epilepsy. I also administer it on infants to protect them from bad spirits”.
IF THE ACCUSED GAVE THIS STATEMENT IN COURT UNDER OATH THEN HE MUST BE CAGED. THE LAWS OF ZAMBIA HAVEN’T CHANGED – SMOKING WEED IS A CRIME!!! PERIOD.
IF SINKAMBA WANTS THIS CULPRIT FREED THEN HE MUST FIRST FIGHT TO REPEAL THE EXISTING LAW – AND BY THE TIME THE LAW WILL BE CHANGED THE CULPRIT WILL HAVE SERVED HIS SENTENCE.
My 80 plus uncle spent 3 years in prison for cultivating marijuana for village home use. After three years in jail, he is not the same. Yet big drug barons who cultivate marijuana for export in green houses are left free. What happened to the ZEGA guy who was arrested growing the weed?