Scrap metal collector walks free as high court quashes conviction over copper possession

THE High Court overturned the conviction of a scrap metal collector, who had been sentenced for unlawful possession of copper without a certificate of origin under the Copper Control Act.

Justice Emely Muchawa, found the initial conviction of Tafadzwa Chazika, unsafe due to the State’s failure to prove that he had the requisite knowledge that he was in possession of copper. Follow us on our WhatsApp Channel

The case was referred to the High Court by a regional magistrate in Harare, citing doubts over whether the trial proceedings aligned with substantial justice.

Chazika, who was arrested on December 17, 2024, along Angelbeck Road in Matapi, Harare, had been found with scrap copper, among other pieces of metal in his satchel.

He pleaded not guilty during the trial but was convicted and sentenced to 12 months in prison, nine of which were suspended on condition of completing 315 hours of community service.

During the trial, Chazika argued that he is an orphan who collects scrap metal for survival and did not know that the material in his possession included copper.

He claimed he treated all metal pieces as the same and pleaded for leniency, citing his lack of knowledge and the absence of any intent to profit from illegal activities.

The trial court accepted these arguments as “special circumstances” and spared him from the mandatory minimum sentence of 10 years in prison.

However, the scrutinising regional magistrate raised concerns about the trial court’s findings on special circumstances.

The magistrate argued that the conviction hinged on whether Chazika had knowledge of the nature of the metal in his possession, which is a key element of the offence.

Without proof of this knowledge, the conviction could not stand. The trial magistrate maintained that the conviction was proper, asserting that Chazika never raised ignorance of the type of metal during the trial and only mentioned it after his conviction.

The magistrate viewed this as a sign of remorse rather than evidence of innocence. However, Justice Muchawa disagreed, stating, “The judgment and evidence of the State fall short of proving that the accused had the requisite mens rea (mental intention) to possess the scrap copper contrary to law.”

Justice Muchawa emphasised that for criminal possession cases, the State must prove both the physical and mental elements of the offence.

Citing legal precedents, she noted that knowledge of the offending property is an essential ingredient of the crime and the burden of proving this lies with the State.

“Proving the mental element would have entailed establishing that the accused knew that he had in his possession the forbidden copper,” she said.

Justice Muchawa concluded that the trial court’s failure to address this element rendered the conviction unsafe.

She ordered that Chazika’s conviction be set aside and the sentence quashed. “The accused is found not guilty and is acquitted,” he said.

The ruling also highlighted the importance of clarity in judicial decisions.

Quoting Chief Justice Luke Malaba’s remarks at the 2023 Judges Symposium, Justice Muchawa noted, “A court order’s wording must be unambiguous and must clearly convey the decision of the court.”

The judge expressed hope that the judgment would guide magistrates and prosecutors in handling similar cases in the future.

Deputy Judge President Mawadze concurred with the judgment. Chazika, who had already completed his sentence by the time of the ruling, was formally acquitted.

Source: Herald