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Addicts across South Africa are crushing up and devouring these life-saving drugs just to get their fix: destroying other lives as well their own. We drove back to the house where he has been living with his mother Joyce. He was far less cocksure in her presence…. Inside the market stall cages, in fill public view, they crush up the drug and smoke it, several times a day…. The anti aids medicine can give an hallucengenic high. The Nyope mix can also include rat poison, third grade heroin and cleaning detergents like VIM. All this is aced together with marijuana. She used to work as a cashier in a supermarket. Now these days she spends hour upon hour smoking nyaope with her friends Dr Oscar Makhublele knows full well just how devastasting the effects of nyaope can be. He told me his own cousin is hooked and recently his surgery was raided by armed robbers. They came to steal the ante retroviral drugs that were intended for his HIV postive patients…. For the families tough love may not be enough. This site uses cookies. By continuing to use this site you are agreeing to our use of cookies. For more info see our Cookies Policy. A key ingredient: the ante retroviral drugs designed to fight AIDS.. SOT Shambalane Ndlovu explains why he is taking drug Shambalane Ndlovu is 23 years old…. He lives in the township of Tembisa - just outside Johannesburg. They came to steal the ante retroviral drugs that were intended for his HIV postive patients… Other clinics in Soweto have also been targeted.. Medical staff are being investigated. SA Health Minister 'its not about shortage of drugs For more info see our Cookies Policy Clear Message.

Nyaope: the new drugs threat in South Africa

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Count two is the crime of robbery with aggravating circumstances as intended in section 1 of Act 51 of read with the provisions of section 51 2 and schedule 2 of the Criminal law Amendment Act as amended. The court has borne in mind the main purposes of sentence which is deterrence, retribution, reformation and prevention. The accused has not testified under oath. The parents of the accused met in Tembisa. The accused is the only child born from this relationship however he has six half brothers and sisters. There are seven children in the family and the accused is the sixth born. He was raised by his parents from birth until eleven years old. At the age of twelve years his parents terminated their relationship and the accused was taken care of by his mother alone as a single parent with the assistance of his half-sisters and half-brothers. When the accused grew up his parents were employed and provided the family with the basic needs. The accused did enjoy his childhood and got support from his family members. After his parents separated he still contacted his biological father and developed a close bond with him. He started stealing at school, from the community members and the family. No one in the community suspected that he was using Nyaope. Prior to his arrest he was staying with his family members at Madelakufa Squatter Camp in Tembisa. The accused was staying in a shack with his family members. The Madelakufa Squatter Camp is characterized by a high rate of drug abusers who drop out of school at early ages. He completed grade 8 to grade 9 at Masiqxakaze High School. The accused was absent from school for some weeks and was behind at school. He then dropped out of school. A cousin and a half-brother informed the social welfare officer that the family is not getting along with him due to the substance he abuses. They both stated that the behaviour of the accused is not good. The half-brother was called a few times to school as they complained about his behaviour. The Community Policing Forum in Madelakufa Squatter camp were also involved in disciplining the accused. The cousin of the accused informed the social welfare officer that the accused used to do well at school, but bunked classes. The crowd he hanged out with influenced him to abuse Nyaope. The accused prior to his arrest was involved with friends older than him who were involved in crime activities to get money to buy Nyaope. When he smoked it he felt good and had energy. When he did not smoke it he felt pain in his stomach, was dizzy, restless, had difficulty to sleep, and was weak and tired. The accused told the social welfare officer he committed the crime to get money to buy Nyaope. The accused informed the social welfare officer that he feels embarrassed of his actions. During the commission of the crime the accused was seventeen years old. He murdered his aunt after she refused him money to buy drugs. He also robbed an innocent woman, in respect to count two, to sell her cell phone in order to buy Nyaope. The Community Policing Forum complained about how crime takes place in their community due to Nyaope abusers. The social welfare officer believes the drugs were a contributing factor to the accused committing the crime. Due to the fact that the accused pleaded guilty to the crime the social welfare officer is of the view that the accused is remorseful. The social welfare officer submitted that the accused is a danger to himself and to the community and that he needs to be placed in a Drug and Treatment Center which will help him to rehabilitate. The social welfare officer did not recommend imprisonment, citing the fact that in terms of section 77 1 b of the Child Justice Act, imprisonment must only be imposed as a measure of last resort. The social welfare officer recommended that the postponement or suspension of the passing of sentence may be a good option if it was made a condition that the accused attend counselling and drug treatment at the Dr Fabian and Florence Ribeiro Treatment Centre in Cullinan. The deceased was the aunt to the accused. She lived on the same premises as him. On this day, although the aunt insulted him, there are no grounds of provocation on the side of the deceased. She was an innocent victim, who due to drinking too much became drunk and was lying on the ground at the time the accused and his friends came across her. The accused watched how Lungisani Vumbi raped the deceased, after which the accused took out a knife and slit her throat. He watched as Lungisani Vumbi intervened and slit the throat of the deceased for a second time. He watched as Boilundou Tunzi cut the deceased on her private part with a broken beer bottle. He then left the deceased at the scene. It is only after some weeks that he informed his brother and sister about the involvement in the killing of the deceased. Although this accused confessed, he did so after a very long time. The accused showed no mercy to his aunt during the commission of the offence. It almost seems like it was a revenge attack for her not giving him money and for insulting him. Although he was not charged for rape, he was still an accomplice in respect to that crime and also did nothing to prevent Boilundou Tunzi from cutting the genitals of the deceased. It is clear the deceased did look after the accused as he shared a shack with her and slept in her shack. The deceased to a certain extend was caring for the accused as she would pay for food when his own mother could not buy food. The deceased did not deserve this brutal attack inflicted on her. The daughter of the deceased after the incident has found it difficult to sleep as the memories of the incident were vivid in her mind. The deceased was also their breadwinner. After the funeral of the deceased the family has started to struggle financially. From the report of Mrs Mathye is appears that after the death of the deceased her children are experiencing poverty as she deposited money every month to support her children. There is also evidence of blunt trauma to the face in the form of lacerations and a loose tooth. The penetrating incised wound to the anterior neck measured The carotid arteries were severed bilaterally as well as the jugular vein, the pharynx and oesophagus. The genitalia involved in the incised area included the prepuce, the right vestibule, the right labia majora and the clitoris. The photos handed in showing the area where the deceased was found and the condition in which her body was deformed by the attack are horrific, and confirms the callousness of the attack. Whilst craving Nyaope and having no money to pay for it, he attacked the complainant on count two by stabbing her with his knife and thereafter took her cell phone valued at R and money to the amount of R The community must receive some recognition in the sentences the courts impose, otherwise the community will take the law into their own hands. If a proper sentence is imposed it may deter others who are tempted to use drugs and commit similar crimes to be deterred in committing them. Accordingly the minimum prescribed sentences are applicable. This court does not find that a fine, a suspended sentence or correctional supervision is appropriate in these circumstances. A court cannot therefore, lawfully discharge its sentencing function by disregarding the youthfulness of an offender in deciding on an appropriate sentence, especially when imposing a sentence of life imprisonment, for in doing so it would deny the youthful offender the human dignity to be considered capable of redemption. The learned Carelse J in the Circuit Local division of the High Court for Delmas ordered that twelve years imprisonment on count two would in terms of section 2 of the Criminal Procedure Act run co-currently with the twelve 12 imprisonment imposed on count one. The appeal court upheld the sentence imposed by the court a quo. The appellant in that matter was seventeen 17 years old at the time of the commission of the offence and had spent the whole day drinking and smoking crack with a friend. He started using cannabis, crack and heroin from the age of fourteen After asking his parents for money to buy more drugs an argument arose between himself and his parents over his drug abuse. This angered the accused. Accordingly he hit both his parents with a cricket bat causing fractures to their skulls, and later in the company of his friend stabbed his mother and father a further 20 times in their chest and later slit the throat of his father from ear to ear. The accused also pleaded guilty to both counts of murder. A sentence of life imprisonment is applicable in these circumstances. The facts before me are slightly different to the case of Du Plooy supra, however, the accused is still young enough to make rehabilitation a real prospect even after a long period of imprisonment. In addition, the accused made a confession, pleaded guilty, and is willing to help trace the other two remaining accused. It is also clear that no one would have known of this offence had the accused not elected to tell anyone about it. Another factor which is clearly mitigatory is that the accused has a substance dependence problem, and that at the crucial time of the commission of these offences was most probably under the influence of narcotic drugs. This court accepts that the abhorrent nature of the crimes, must at least to some extent be ascribed to that influence. These circumstances, cumulatively assessed, render a sentence of life imprisonment unjust. They qualify as substantial and compelling circumstances. There are no guarantees that after such a short period of time the accused will be rehabilitated. Although the social welfare officer has stated that a prison usually only has a substance program and not a treatment program for drugs, this court still finds it inappropriate to send him to the rehabilitation centre suggested by the social welfare officer without a custodial sentence being imposed. To focus on the well-being of the accused to the detriment of the interests of the community would result in a distorted and warped sentence. The accused in his current state is a danger to the community. Failure to address his drug dependency may illicit a further attack on the community in order to address and satisfy his drug dependency. If the prison is only able to address the substance component of the drug dependency then the court would order that he also receive some treatment in respect to the drug dependency. The State Counsel did however consult with a correctional supervision officer today who advised him that the court can make an order that the accused be kept at Boksburg prison with an order by the court that the accused be referred to the rehabilitation centre referred to by the social welfare officer. There is no evidence placed before this court whether the robbery was one envisaged to fall under a Part two of schedule 2 offence. It does not appear this previous conviction was one of robbery with aggravating circumstances or the robbery of a motor vehicle. Accordingly this court will deal with the accused as if he was a first offender of robbery with aggravating circumstances. In terms of section 2 of the Criminal Procedure Act, the court orders that 10 years imprisonment imposed on count two will run concurrently with the ten 10 years imprisonment imposed on count one. Fabian and Florence Ribeiro Treatment Centre in Cullinan to complete the six week treatment program after which he will be returned to the Boksburg prison to complete his term of imprisonment and any additional programs Boksburg prison has in respect to substance abuse programs.

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