IN THE HIGH COURT OF SWAZILAND HELD AT MBABANE
REVIEW CASE NO. 862 OF 2008 District Record No. ML 7 OF 2008
In the matter between:
THE KING
VERSUS
MAKHENDZE KHUMALO
Date of consideration: 25 January, 2009 Date of Order: 27 January, 2009.
ORDER ON REVIEW
MASUKU J.
Upon his own plea, the above-named accused person was convicted by the First Class Magistrate, sitting in Manzini, of the offence of cultivating or allowing the cultivation of six (6) dagga plants, a habit forming drug, in contravention of the provisions of section 2 (1) (b), as read with section 8 of the Opium and Habit-forming Drugs Act, No. 37 of 1922.
The charge sheet alleged that on 5 November, 2008, at about 0850 hrs, the accused person, not being the holder of a licence or permit, to cultivate, did cultivate or allow the cultivation of six dagga plants at Sidvwashini area. In the light of his aforesaid plea, the accused was convicted of the offence charged and was sentenced to a fine of E600.00 or six months' imprisonment in default of paying the fine.
The matter now serves before me on automatic review. Upon a perusal of the record of proceedings, I immediately realized that there does not appear on the record, to have been any facts, either proved by the Crown or admitted by the accused and upon which the conviction was predicated. It also does not appear that there was any evidence led proving the commission of the offence as required by law, particularly the provisions of section 238 (1) (b) of the Criminal Procedure and Evidence Act, 67 of 1938.
In the circumstances, I issue the following Order:
4.1 The trial Magistrate is hereby called upon to furnish to this Court, a transcript of the facts upon which the certitude of guilt was returned in the instant case and such facts shall be either those proved by the Crown or admitted by the accused during the course of the trial.
DATED AT MBABANE ON THIS THE 27™ DAY OF JANUARY, 2009.
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