Molefe Pius Morebudi v The State

The appellant and a co-accused were convicted in the regional court, Pretoria, of dealing in dagga in contravention of s 5(b) of the Drugs and Drug Trafficking Act 140 of 1992. On 28 June 1995 a mechanical horse and trailer owned by the appellant was stopped by the police. A search revealed 85 bags of dagga weighing 1 433 kg concealed in a sophisticated secret compartment built into the trailer. The appellant had instructed and paid for the conversion of the trailer to include the secret compartment. The transport of fruit and vegetables was found to be a front for the drug operation. The appellant had a previous conviction for dealing in dagga in 1976. He was sentenced to 14 years’ imprisonment, while his co-accused received 7 years. The vehicle was forfeited to the State. Appeals against conviction and sentence failed in the High Court, and the present appeal was against sentence only.

The appeal against sentence was dismissed and the sentence of 14 years’ imprisonment was confirmed.

The case affirms the limited circumstances in which an appellate court may interfere with sentence and illustrates the approach to sentencing in large-scale drug dealing cases. It confirms that even old previous convictions may be considered if they have not lapsed, and that meticulous planning and large quantities of drugs justify severe sentences.