Mandatory sentences for drug abuse
CONVICTION for drug-related offences will soon attract mandatory jail sentences, with significantly stiffer penalties being introduced for drug dealing and trafficking, as the Government steps up its fight against drug and substance abuse.
The sweeping reforms are outlined in National Development Strategy 2 (NDS2) and form part of a tougher enforcement regime aimed at curbing drug abuse, particularly among children and adolescents, while dismantling illicit drug networks.
Under the new policy framework, mandatory minimum prison sentences will replace fines for a range of drug-related offences.
At present, magistrates have the discretion to impose fines or other non-custodial sentences on convicted drug offenders, depending on the circumstances of each case.
This flexibility allows courts to consider mitigating factors and, in some instances, avoid mandatory imprisonment.
The introduction of mandatory sentences is critical to strengthening deterrence and disrupting supply chains of illicit substances.
“On the enforcement side, NDS2 interventions will strengthen laws against drug trafficking and illicit distribution, improve border control mechanisms and enhance coordination among law enforcement agencies,” reads the Government’s plan.
“Furthermore, during NDS2, the penalties for dealing and trafficking in drugs will be elevated to much stiffer levels, with minimum mandatory custodial jail terms replacing fines.”
Mandatory sentencing is already applied to several serious crimes in Zimbabwe, where courts have little discretion to impose lighter penalties upon conviction.
These provisions are usually enshrined in specific legislation to deter particularly harmful activities such as stock theft.
A conviction carries a minimum sentence of nine years’ imprisonment, whether for a first or subsequent offence.
Similarly, vandalism of essential infrastructure — including copper cable theft and tampering with ZESA power lines, NRZ railway infrastructure or TelOne telecommunications equipment — attracts a minimum sentence of 10 years in prison.
While these penalties are termed “mandatory”, the Criminal Procedure and Evidence Act allows a court to impose a lesser sentence only if it finds “special circumstances”, which must be placed on record.
This threshold is deliberately high and refers to exceptional factors relating to the offence or the offender that would make the mandatory sentence unjust or disproportionate. Financial hardship, being a first-time offender or having dependents are generally not regarded as special circumstances.
Mandatory sentencing laws effectively shift sentencing power from the judiciary to the legislature.
Instead of judges or magistrates weighing mitigating and aggravating factors to determine an appropriate punishment, the law prescribes a fixed minimum term of imprisonment once a conviction is secured.
The most common justification for such laws is deterrence. The theory is that criminals are rational actors who weigh risks against rewards.
If a conviction guarantees a lengthy prison term with no option of a fine, it is expected to discourage would-be offenders.
Supporters of mandatory sentencing also argue that it reduces sentencing disparities, where similar crimes may attract vastly different penalties depending on the presiding judge or magistrate.
They contend that mandatory minimums promote consistency and limit the influence of explicit or implicit bias in the justice system.
However, Government’s new anti-drugs strategy makes it clear that enforcement alone will not solve the problem without parallel investments in public health and social interventions to curb demand.
As part of preventive efforts, Government will intensify engagement with employers in both the private and public sectors to roll out workplace drug and substance abuse and wellness programmes.
“Drug and substance abuse interventions will also engage employers across both private and public sectors on drug and substance abuse and wellness programmes,” reads the document.
Authorities will also scale up communication and awareness campaigns, with coordinated national messaging on drugs and drug use through multi-faceted platforms aimed at preventing drug abuse and drug-related crime.
“Intensive mass media campaigns focusing on early identification, awareness and prevention programmes and routine monitoring of children and adolescents will be undertaken over extensive periods of time,” the strategy reads.
These campaigns will also address social drivers such as parenting quality and peer group influence.
Information, education and communication materials will be strengthened from early childhood, while Government, working with stakeholders, will develop and mainstream a Positive Parenting Manual to support families and communities.
Recognising the rising burden of drug and substance abuse among young people, Government will also scale up the use of digital technology and communication tools to amplify messaging on the harmful effects of drugs.
Platforms will include mass media, internet-based digital channels and web-based cessation services.
On the treatment front, NDS2 outlines plans to establish comprehensive, stand-alone drug treatment, rehabilitation and recovery facilities in every administrative district.
“This will support drug and substance abuse victims and advancement of mental health support,” reads the document.
Treatment initiatives will focus on harm reduction, including the prevention of injuries, infectious diseases and overdose-related deaths.
The public health system will be strengthened through investment in human capital and physical infrastructure, alongside the development of specialised training for medical, nursing, public health and social work professionals.
“Review of treatment protocols will facilitate expansion of access to rehabilitation centres, training of health professionals in addiction management and support re-integration programmes for recovering addicts.”
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