By Panashe Karidzagundi
TWO men accused of unlawfully possessing unregistered BronCleer cough syrup valued at US$900 have been acquitted after Beitbridge Magistrate’s Court ruled that the State failed to prove that the accused knew they were transporting prohibited medicines.
Bongani Santos (28) of Cowdray Park, Bulawayo, and Tapiwa Mhlanga (19) of Tshitaudze Area formerly Mangava, Beitbridge, appeared before Magistrate Mbonisi Kaweni facing charges of contravening the Medicines and Allied Substances Control Act after they were allegedly found in possession of 180 bottles of 100ml BronCleer cough syrup at Beitbridge Border Post.
Prosecutor Victor Gorejena told the court that on June 12, 2026, ZIMRA canine unit officers on duty at the pedestrian crossing intercepted the two men, who were each carrying a black cardboard box.
The officers deployed a sniffer dog, which allegedly positively indicated the presence of prohibited substances in both boxes.
Gorejena told the court that, a subsequent search led to the recovery of 90 bottles of BronCleer cough syrup from each box, bringing the total to 180 bottles with an estimated street value of US$900.
The medicines were seized and later examined by a pharmacist.
During the trial, Mhlanga denied knowledge of the contents of the box he was carrying, saying that Santos had asked him to help transport what had been described as speakers for a client in return for payment.
The defence, Lawyer Jabulani Mzinyathi of Garikayi and Company Legal Practitioners told the court that Mhlanga was merely a porter and had no knowledge that the parcel contained unregistered medicines.
In his defence outline, Santos his Legal Practitioners Mazinyathi also told the court that he had enlisted Mhlanga’s assistance to transport goods he believed to be electrical equipment.
Delivering judgment, Kaweni found that the State had failed to prove beyond reasonable doubt that either Santos and Mhlanga had knowledge of the contents of the boxes, an essential element required to establish possession.
The court noted that the State’s own witnesses testified that they knew the accused as omalayitsha/ Mazalawi meaning cross-border porters who transport goods for clients for a fee, and conceded that they had no evidence showing the pair knew they were carrying unregistered medicines.
Kaweni said the evidence suggested the accused were simply trying to earn a living by ferrying goods and that the prosecution had failed to establish the crucial mental element of possession.
Kaweni consequently found both Santos and Mhlanga not guilty and acquitted them.