Lawyer Tells Rehoboth Court that Mandrax Does Not Fall Under Dangerous Drugs
By Aneli Fura
Legal arguments over the classification of Mandrax dominated proceedings at the Rehoboth Magistrate’s Court as the bail hearing involving Naomi Fisch continued this week.
During cross-examination of senior police officer Pendukeni Nghuluwa, defence lawyer Advocate Winnie Christians argued that Mandrax is not regarded as a dangerous drug under the law, but is instead classified as a dependence-producing substance.
Christians challenged the State’s position, stating that the relevant legislation does not list Mandrax as a dangerous drug. She told the court that, according to the Act, the nature of the offence remains unchanged, but the substance itself falls under dependence-producing drugs.
In response, Nghuluwa testified that in many of the training courses he attended, Mandrax was taught as a dangerous substance. However, he conceded that this understanding was based on training and not on the wording of the law itself.
The court also heard that Nghuluwa could not clearly recall the exact quantity of drugs allegedly found at the scene. He stated that, to the best of his memory, half a Mandrax tablet was discovered inside a blue structure.
Referring to photographs submitted as evidence, Christians suggested that the structure appeared to be about three metres wide. Nghuluwa replied that he was not qualified to determine measurements from photographs and added that the court could order a physical inspection of the structure if it deemed it necessary.
Christians further questioned the State’s version of events, arguing that it was unlikely that 14 people would be standing together while accused number five, Dylan Vrieslaar, was alone near the alleged drugs.
Nghuluwa stood by his testimony, maintaining that the other individuals were positioned far from the substance and that Vrieslaar had admitted the half tablet belonged to him.
The bail hearing is expected to continue as the court assesses the evidence presented by both the defence and the State.
