Mr David Douglas van der Westhuizen and Mr Innocent Manqoba Masilela stood before court curious as to how their guilty plea on September 26 would affect their sentence.
The two men appeared before the Witbank Magistrates Court on October 16 facing charges of dealing in drugs; this was after they were arrested in December 2015.
In her address to the court, Ms Ansie Venter, prosecution from the organised crime section of the Directorate of Public Prosecution (Nelspruit), took into count the severity of drug smuggling and dealing, and compared it to the severity of rhino horn smuggling and dealing.
“On four counts Mr Van der Westhuizen sold cocaine to the police agent,” she stated before the court.
Venter continued her address to the court and brought it to the attention of the court that Van der Weshuizen has prior convictions, however old, informing the court that he has a criminal record and that this factor should be taken into account in his sentencing.
“Two of these previous convictions are drug related, your honour,” she said.
She added that he has a record of corruption whereby he attempted to bribe police over in Middleburg in regards to a case which involved his brother.
“The court must take into account that he is guilty of a number of charges and that he is selling Class A type drugs, additionally he has not revealed his sources of the cocaine that he deals in,” said Venter.
She then turned to the case brought against Masilela.
“It is true that he is a first time offender, and only guilty of one count. Legislation prescribes that imprisonment be part of the sentence, which may be suspended should the court choose to do so,” said Venter.
Van der Westhuizen was sentenced to six years direct imprisonment, and an additional three years imprisonment, which was wholly suspended on conditions that he pays R30 000 to SANCA.
Masilela was released on bail and warned to return to court on November 22 for his sentencing.
*Van der Westhuizen faces four charges of dealing in drugs in 2015, namely dealing in 5.31g of crystallized cocaine (40 pieces) to the value of R2 000 on March 12, 8.19g (50 pieces) to the value of R2 500 on March 18, 67.33g (201 pieces) to the value of R10 000 on May 28, and 89.2g (one tennis ball sized rock) to the value of R10 000 on May 29. Masilela accompanied van der Westhuizen on May 29 2015 and assisted him in making the deal.
ALSO READ
https://www.citizen.co.za/witbank-news/98816/cbd-gateway-drugs/
https://www.citizen.co.za/witbank-news/94086/three-suspects-busted-drugs/
