A Northern Cape man can breathe a sigh of relief after his lengthy 15-year prison sentence for drug trafficking was dramatically reduced.
Samson Vusi Dlamini, 44, was convicted less than a year ago for selling one kilogram of methcathinone, also known as “cat”, worth between R300 and R400.
He had faced charges under both the Drugs and Drug Trafficking Act and the Prevention and Combating of Corrupt Activities Act, and was sentenced by the Upington Magistrate’s Court to 15 years behind bars.
Dlamini immediately appealed, asking the Northern Cape High Court in Kimberley to review both his convictions and sentence.
The court, however, allowed him to appeal only the length of his sentence.
Northern Cape man appeals drug trafficking sentence
In November 2025, Dlamini’s legal team argued that the trial court had over-emphasised the seriousness of the crime while neglecting his personal circumstances.
They claimed the magistrate failed to recognise substantial and compelling factors that could justify a lighter sentence, did not properly weigh mitigating circumstances.
The lawyers also argued that Section 51(2) of the Criminal Law Amendment Act — which sets mandatory minimum sentences for certain offences — was incorrectly applied.
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Under Section 51(2)(a)(i), first offenders convicted of crimes listed in Part II of Schedule 2 are to be sentenced to a minimum of 15 years’ imprisonment.
Paragraphs (a) and (b) clarify that this applies to offences under Section 13(f) of the Drugs and Drug Trafficking Act if the substance’s value exceeds R50 000 — or R10 000 if a syndicate is involved.
The state agreed the law had been misapplied and that the appeal should succeed.
High court judgment
Judge Almé Stanton described the magistrate’s handling of the case as an “irregularity and grave error,” ruling that the original sentence must be overturned.
The judge highlighted Dlamini’s personal circumstances, noting the 44-year-old man has two wives and seven children and is the sole breadwinner, working as a barber.
Stanton also considered that he had waited two years for his trial and was a first-time offender with the potential for rehabilitation.
She found that the trial court clearly did not strike an appropriate balance between the four goals of punishment — deterrence, prevention, rehabilitation, and retribution — as well as the relevant mitigating and aggravating factors.
“Punishment must indeed fit the criminal, as well as the crime, be fair to society and be blended with a measure of mercy according to the circumstances.
“In the context of the present case, the sentence imposed by the trial court can properly be described as shocking, startling or disturbingly inappropriate.
“What remains is what a just and appropriate sentence would be in the circumstances,” the judgment, delivered on 6 February 2026, reads.
As a result, Dlamini’s 15-year sentence was set aside.
Having already served eight months since his May 2025 conviction, he was re-sentenced to just 18 months’ imprisonment.
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