- S V Mandlozi 2015 (2) SACR 258 (FB)
Ms Lindiwe Mandlozi, also known as Leopoldina Maconze (hereinafter referred to as the accused), was convicted before the regional court in Kroonstad in the Free State (the trial court) of contravention of section 5(b) of the Drugs and Drug Trafficking Act 140 of 1992, read together with certain specified provisions thereof. She was sentenced to 18 years’ incarceration.
The particulars of the offence were that the accused was found in possession of 25.8885 kg of methamphetamine, a drug with the street name “crystal meth” or “Tik”. According to the charge-sheet, the sale price of the methamphetamine was (during August 2012) approximately between R7.76 million and R10.3 million; in other words, its value ranged between R300/g and R400/g.
Methamphetamine is a drug listed in Part III of Schedule 2 of Act 140 of 1992, thus being categorised as an undesirable dependence producing substance*.
Aggrieved by the sentence imposed on her, the accused lodged an appeal before the High Court in Bloemfontein (the court of appeal) against only her sentence.
In considering the appeal, the court of appeal listed the following factors under the heading “personal circumstances” (of the accused):
“The accused was 46 years of age at the time she committed the offence; she was 47 years at the time she was sentenced; the level of formal school education she received, appears nowhere on the record; she is a mother of three children of whom one was still a dependent minor; she was a married woman although she and her husband were estranged; she lived in Johannesburg, boarded a bus at Vanderbijlpark and headed to Cape Town; she was arrested at Kroonstad on 1 August 2012; she was incarcerated for almost 12 months; she had no previous convictions relating to drugs, but had unrelated convictions; she was engaged by a certain Mr Jackson as his courier; her drug cargo consisted of ‘crystal meth’, commonly called ‘Tik’ and categorised as an undesirable dependence producing substance; during the course of the presentation of the prosecution case she made admissions in terms of section 220 of the Criminal Procedure Act 51 of 1977; her reward for rendering courier services to the aforesaid Jackson was R1000.”