By Patience Gondo
A 29 year old Beitbridge woman Elisa Ngulube was on Wednesday granted $60 bail and advised not to interfere with witnesses.
As part of the bail conditions Provincial Magistrate Gillian Padzakashamba ordered her to report to CID MFFU Beitbridge every Friday between 6am and 6pm, to continue residing at her given address 4601 New Medium and not to interfere with State witnesses.
Ngulube’s lawyer Jabulani Mzinyathi of Garikayi and Company succesfully applied for the bail arguing she was a good candidate.
In his successful application Mzinyathi said unemployment was not reason to deny anyone bail and that situation described 90 percent of the population.
He also sad the Constitution places the burden on the State to provide compelling reasons to deny bail.
Mzinyathi said Ngulube has no previous convictions or pending cases, has a fixed place of residence and did not attempt to flee.
Mzinyathi further said Ngulube is self employed and trades goods from Musina South Africa earning about R500 profit per month and proposed she resides at her given address and report to CID MFFU Beitbridge once every Friday as part of her bail conditions, granted by the court.
Ngulube is facing allegations of contravening Section 38(1)(a) as read with Section 38(3) of the Medicines and Allied Substances Control Act [Chapter 15:03].
The State alleges that on February 21, she was found at Dulivhadzimu Stadium in possession of 28 bottles of 100ml Astra Pain Cough Syrup valued at US$140, without a valid prescription. She denies ownership of the medicines.
While bail has been granted, the defence’s reservations regarding the non disclosure of witnesses introduce a procedural issue that may feature as the matter proceeds.
The case has been remanded March 5 for continuation of proceeding.
Ronald Mugwagwa prosecuted.