Iuze Mukube  

Two Windhoek High Court judges have reiterated the seriousness of the offence of possession of dependence-producing substance, noting that many crimes are committed while the offenders are under the influence of such substances.

The remarks were made in a judgement delivered by judges Naomi Shivute and Dinah Usiku on 2 October 2026 in an application for leave to appeal against by convict Diederick Plaatjies. Plaatjies was convicted of possession of dependence-producing substance on 25 April 2025 in the Keetmanshop Magistrate’s Court following his plea of guilty.

Subsequently, he was sentenced to 10 years imprisonment, and the allegations pertained to being found in possession of 97 grams of cannabis valued at N$4 900.

He appealed against his sentence in the Windhoek High Court and the court set aside his decade long sentence and replaced it with five years.

However, still aggrieved by the reduced sentence, Plaatjies lodged an application, seeking leave to appeal against the sentence, arguing, among other things, that the sentence is excessive, inappropriate and induces a sense of shock. He contended that the High Court misdirected itself by overemphasising the seriousness of the offence and not considering his personal circumstances.

Additionally, the court misdirected itself by imposing a direct term of imprisonment without the option of a fine.

The judges noted that the appellant had six previous convictions, of which four he was given an option of a fine, but this did not deter him.

“He is convicted of serious offences which has a detrimental effect on the community, there is a need for an appropriate sentence that fits the crime the offender and the interests of justice.”

The judges also said that the appellant was found in possession of dependence-producing substance, which is serious, and therefore the term of imprisonment is appropriate.

“This court takes judicial notice that possession of dependence-producing substance is a serious offence which is prevalent in Namibia. Most of the crimes are committed because culprits are under the influence of such substance,” the judges said.

“To protect society, an appropriate sentence needs to be imposed. The sentence imposed in this matter is not inappropriate or shocking, nor does it induce a sense of shock,” they added.

They further said the court exercised its discretion properly when it imposed the sentence of five years’ direct imprisonment, as such a sentence is inevitable.

The judges declined the application for leave to appeal against the sentence.

–imukube@nepc.com.na