Drug bill debate continues in NC

THE Ministry of Safety and Security came under fire in the National Council yet again yesterday as two more contributions were made to the debate on the Combating of the Abuse of Drugs Bill.

As was the case last week, the Ministry was criticised for not contributing to a three-day public hearing at which controversial clauses in the bill came under scrutiny. Swapo member Levi Katoma yesterday joined fellow member Henock ya Kasita, who last week said the lack of input from the sponsoring ministry deprived a final report submitted to the council of much-needed background information on the origins of the bill.Both Ya Kasita and Katoma yesterday supported the report’s recommendations, namely that minimum jail sentences be laid out in the law itself, while courts be allowed to impose lighter sentences where “substantial and compelling circumstances” exist.The prescribed sentences include 20 years’ imprisonment for first-time offenders, and 30 years for subsequent convictions, without the option of a fine.In its report, the NC Standing Committee, which conducted the public hearings two weeks ago, suggested lighter sentences for people caught with lesser quantities of drugs.It recommended that people caught with 115 grams or less of a banned substance should be sentenced to either a maximum jail term of 20 years, to a fine not exceeding N$500 000, or both.This last suggestion has again raised eyebrows, however, as a number of people have questioned the lack of differentiating between substances in this stipulation.”115 grams of dagga is not the same as 115 grams of cocaine,” one person who spoke to The Namibian on Friday said.Other questions that have been raised since the start of the debate on the bill relate to the additional powers to be granted to the Police.In terms of the Police’s envisaged increased powers, the new bill provides for monitoring devices to be installed on any device or premises where the person to be monitored may be involved in illegal activities.Furthermore, the vagueness of a certain clause in the bill (Clause 7) which observers say may lead to people getting arrested for dealing in otherwise legal matter, reads: “Any person who imports, exports, manufactures, promotes, sells or in any other manner provides instruments or literature for illegal consumption of drugs, commits an offence and is on conviction liable to a fine not exceeding N$500 000 or imprisonment for a period not exceeding 20 years or both such fine and such imprisonment”.Members of the public, including some who contributed to this month’s public hearings, believe that this clause might allow Police to arrest anyone in possession of cigarette papers (Rizla) which may also be used for rolling dagga cigarettes, for listening to reggae and other music promoting the use of cannabis, and other memorabilia such as clothing.Swapo member Levi Katoma yesterday joined fellow member Henock ya Kasita, who last week said the lack of input from the sponsoring ministry deprived a final report submitted to the council of much-needed background information on the origins of the bill.Both Ya Kasita and Katoma yesterday supported the report’s recommendations, namely that minimum jail sentences be laid out in the law itself, while courts be allowed to impose lighter sentences where “substantial and compelling circumstances” exist.The prescribed sentences include 20 years’ imprisonment for first-time offenders, and 30 years for subsequent convictions, without the option of a fine. In its report, the NC Standing Committee, which conducted the public hearings two weeks ago, suggested lighter sentences for people caught with lesser quantities of drugs.It recommended that people caught with 115 grams or less of a banned substance should be sentenced to either a maximum jail term of 20 years, to a fine not exceeding N$500 000, or both.This last suggestion has again raised eyebrows, however, as a number of people have questioned the lack of differentiating between substances in this stipulation.”115 grams of dagga is not the same as 115 grams of cocaine,” one person who spoke to The Namibian on Friday said.Other questions that have been raised since the start of the debate on the bill relate to the additional powers to be granted to the Police.In terms of the Police’s envisaged increased powers, the new bill provides for monitoring devices to be installed on any device or premises where the person to be monitored may be involved in illegal activities.Furthermore, the vagueness of a certain clause in the bill (Clause 7) which observers say may lead to people getting arrested for dealing in otherwise legal matter, reads: “Any person who imports, exports, manufactures, promotes, sells or in any other manner provides instruments or literature for illegal consumption of drugs, commits an offence and is on conviction liable to a fine not exceeding N$500 000 or imprisonment for a period not exceeding 20 years or both such fine and such imprisonment”.Members of the public, including some who contributed to this month’s public hearings, believe that this clause might allow Police to arrest anyone in possession of cigarette papers (Rizla) which may also be used for rolling dagga cigarettes, for listening to reggae and other music promoting the use of cannabis, and other memorabilia such as clothing.