Gamede v The State

The appellants were convicted in the Durban Regional Court of dealing in drugs in contravention of s 5(b) of the Drugs and Drug Trafficking Act 140 of 1992. During June 2004 police discovered large-scale mandrax manufacturing operations at Spitskop Farm and Mange Farm in KwaZulu-Natal, including substantial quantities of powder, chemicals, and specialised equipment used in the manufacture of methaqualone. The second appellant was arrested at Spitskop Farm in possession of anthranilic acid, a known precursor in mandrax manufacture, while delivering groceries. The first appellant was arrested two days later after fleeing from police while transporting buckets and bags containing powdered substances from Mange Farm, allegedly to dispose of them. Both denied knowledge or involvement in drug manufacturing.

The appeals against conviction were dismissed. The appeals against sentence were upheld. The first appellant’s sentence was reduced to 5 years’ imprisonment, and the second appellant’s sentence was reduced to 15 years’ imprisonment.

The case illustrates the breadth of the statutory definition of 'dealing' in drugs under South African law and confirms that even ancillary or subsidiary conduct connected to drug manufacture can ground a conviction. It also underscores appellate intervention where sentences are disproportionate to the offender’s role.