In a landmark judgment, the NPA has confiscated a 68-hectare farm in Stilbaai after successfully applying for its forfeiture to the State as it was used to sell drugs instead of conducting farming activities.
Self-confessed drug dealer, Ruben Robertson, entered into a plea agreement with the State at the Riversdale Magistrates Court after pleading guilty to dealing drugs – mandrax and tik – from the farm colloquially known as Die Kliphuis and Die Bakkery where dealing went on day and night.
Roberston, who faced six charges of dealing in drugs, will effectively serve one year behind bars after being served with a six-year imprisonment sentence, wholly suspended for five years, and was fined the amount of R1 335 which was paid into the Criminal Assets Recovery Account in terms of Section 18 of the Prevention of Organised Crime Act.
The application to have the farm forfeited to the State received a boost as community members signed a petition with 192 signatures begging the court to end the drug dealing activities emanating from the farm and which was ruining the lives of their children.
Stilbaai CPF chairperson, Alison Bryant, welcomed the stellar work of the investigation team.
“Substance abuse especially drugs and alcohol abuse is the top contributing crime generator in our community.
This conviction and together with the forfeiture to the state of the ‘Kliphuis’ after a lengthy investigation and drug operations by Stilbaai SAPS led by Captain Von Tonder and Constable Zwiegelaar is absolutely a hands down victory for the community and serves as a strong message to the drug traders in our community,” said Bryant.
National Prosecuting Authority spokesperson, Eric Ntabazalila, said the matter at the Riversdale Magistrates Court “is viewed to be a first of its kind”.
According to the State’s charge sheet against Robertson, he had been renting the property on the farm from where drug dealing would occur.
“(Roberston was) renting the property... and exercised control and oversight over the property. Robertson had given permission to the co-accused, who was a friend staying with him, to use the property, which was under the control of Robertson, for such transactions. The drug selling occurred through use of the property as transaction location and with the sellers having the drugs on them or hidden close by. The buyer would then approach the seller on the property. Because the property was on this farm the transaction was out of sight and was not easily observable,” the charge sheet read.
The State argued that police made numerous arrests of people coming and going on the farm and found in possession of drugs since 2010, where drug dealers were observed waiting for customers inside the building to receive orders through a door, waiting in a parked vehicle or waiting outside in a group.
The drug dealing, which continued unabated despite numerous raids and arrests, called for an undercover operation.
Ntabazalila said: “Traditional police methods of patrols, arrest, search, and seizure yielded very few results, and a strategy that will guarantee crucial evidence that can be used in court was embarked on. A series of entrapment operations aimed at the drug dealers resumed. Police agents enlisted to act as such in terms of a Section 252A operation, were recruited and trained in the use of surveillance equipment. A breakthrough came with the authorised use of equipment which could record visually and in sound how the property was used to facilitate drug dealing.”
State prosecutor, Herman Steyn, argued: “We realised that removing the existing drug dealers will not stop the problem as their place will simply be taken over by new drug dealers. The primary purpose became to remove the ability to deal in drugs from the farm forever and for that purpose, irrefutable evidence had to be obtained showing how the farm was being used for drug dealing.”
Cape Times