UPDATE: ARV dealer granted bail despite protests
Despite strong opposition by police, a woman accused of selling stole ARV's has been granted bail
THE Ngwelezane Magistrate’s Court on Friday granted 37-year-old Nombuso Sithole, who was caught selling stolen ARV medication, bail of R7 000.
More than 50 community members gathered at the court to protest against her release and packed into the gallery to witness proceedings.
Sithole was arrested on 10 February in Ngwelezane during a ‘buy and bust’ sting operation set up by police and was found in possession of 328 bottles of ARV medication with an estimated street value of R328 000.
Among the protesters was Simphiwe Gumede, a local HIV and Aids activist and Deputy Chairperson of the uThungulu District Civil Society.
‘I am here today to protest against this woman being granted bail because I feel we cannot allow people like her to continue exploiting those living with HIV.
‘Patients are told daily of ARV stock shortages, which hold serious complications.’
The decision by Magistrate Howard Chirwa came amid strong opposition from the investigating officer.
In his testimony, Major Raj Chetty of Richards Bay SAPS said the investigation would be complex and lengthy as he attempts to track down not only the origins of the medicine, but also the other individuals involved in what he described as a ‘drug cartel’.
‘There could well be a syndicate at work here, and I feel releasing the accused now would hamper my investigation as the accused could interfere with witnesses and her personal safety cannot be guaranteed,’ he said.
He also highlighted the fact that drug cartels are notoriously violent, and could well act to ‘eliminate’ Sithole to prevent further arrests.
Judge Chirwa explained that these assumptions were not supported with facts, and therefore the court could not prove the likelihood of such events taking place.
As condition of her bail, Sithole must report to the Ngwelezane police station every Friday and must inform police if she plans to leave the magisterial jurisdiction of Empangeni.
Sithole, who has been charged with theft and also for contravening the Medicines Control Act, will appear in court again on 18 April.
