By Judith Nyuke
Businessman Philip Chiyangwa’s son who was accused of unlawful possession of dangerous drugs has been acquitted by a Harare Magistrate.
Philip Munetsi Chiyangwa who was jointly charged with Tanaka Phil Kashambe was arrested four months ago after the State alleged they were in possession of marijuana worth US$10.
In her judgment, Magistrate Lisa Mutendereki ruled that the State failed to prove its case.
She noted that the prosecution failed to eliminate the possibility of the drugs being planted as both witnesses confirmed that only one car door was open during the search.
Since both accused persons were outside the vehicle, they could not clearly see what was happening inside.
Magistrate Mutendereki further concluded that the State failed to prove both mental and physical possession.
During the trial, the pair pleaded not guilty to the unlawful possession of dangerous drugs.
Through their lawyer, Shepherd Kudzanayi Makonde they denied ever possessing dagga whether physically or mentally as alleged by the State.
They told the court that on the day of their arrest, they had arrived at a Highlands residence to consult their lawyer on a mining matter.
Although an initial police search of their persons and company vehicle yielded nothing their subsequent complaints regarding “degrading treatment” allegedly angered the police officers.
The police then conducted a second search while the accused were ordered to lie on the ground.
It was only during this second, unobserved search that police officers claimed to have recovered a small sachet of dagga from between the vehicle seats.
The State had alleged that on October 1, 2025, at around 17:00 hours, detectives from CID Drugs Harare received information to the effect that there were drug activities at house along Bosscobell Road, Highlands, Harare.
On the same date at around 17:30 hours, detectives proceeded to the said location. As they were parked inside, Chiyangwa entered the premises driving a Toyota Hilux with Kashambe seated in the passenger seat.
Detectives approached the pair, identified themselves as police officers and requested a search.
The State failed to prove that a search was carried out where a sachet of dagga was recovered between the driver’s seat and the handbrake.
