By Patience Gondo
ELISA Ngulube (29) has been acquitted of drug possession after the State failed to establish a prima facie case, with the court citing serious gaps in evidence and inconsistencies among witnesses.
Magistrate Gillian Padzakashamba last week discharged Ngulube at the close of the State Case after ruling the Statehad failed establisuing a prima facie case.
Ngulube had been facing charges of contravening Section 38(1)(a) as read with Section 38(3) of the Medicines and Allied Substances Control Act [Chapter 15:03], following allegations that she possessed 28 bottles of Astra Pain Cough Syrup without a prescription.
The case traces back to February 2026 when Ngulube was arrested at Dulivhadzimu Stadium in Beitbridge. At the time, the State alleged she was found with the medicines in a black plastic bag.
During initial proceedings, the State opposed bail arguing Ngulube’s poverty and lack of assets made her a risk. It also withheld the identities of key witnesses, raising early concerns from the defence over disclosure.
Ngulube was later granted bail, with conditions to report weekly to CID MFFU Beitbridge and not to interfere with witnesses.
However, as the trial progressed those unnamed witnesses were eventually presented in court as police officers who had conducted the arrest.
The court heard that only two State witnesses testified. Both were police details. No independent witnesses were called, despite indications that members of the public were present at the time of arrest.
In its ruling, the court said the State failed to produce critical evidence.
The alleged 28 bottles of cough syrup were not brought before the court. No seizure confirmation receipt was tendered.
Key items said to be linked to the offence, including a black plastic bag and a khaki box were also not produced.
The court further observed material contradictions in the testimonies of the two police witnesses. One witness referred to the use of a torchlight during the arrest, while the other denied its existence.
This discrepancy raised doubt on whether the officers could have clearly identified the alleged drugs in the dark.
The court also found that the witnesses could not satisfactorily explain how the accused was linked to the alleged medicines. One witness failed to account for a bottle allegedly seen in Ngulube’s hand.
In a further blow to the State’s case, one of the witnesses conceded under cross examination that the accused may have been improperly charged.
The court held that proceeding to place Ngulube on her defence would amount to curing defects in the State’s case and risk self incrimination.
It ruled that the evidence presented was insufficient, unreliable and unsupported by exhibits or expert testimony.
“The State has dismally failed to establish a prima facie case,” the state papers wrote.
Ngulube was accordingly acquitted and discharged.She was refunded the money she had paid for bail.