Not reportable 
CASE NO.: CC 10/2009

IN THE HIGH COURT OF NAMIBIA

In the matter between:

THE STATE

versus

DANIEL JOAO PAULO
JOSUE MANUEL ANTONIO

September 23, November 29-30 
Delivered on:       	2011 January 19

[2] Under the main Count 2 and Alternative Count 2 the accused are facing the following charges:
(1)	Main Count 2: Contravening section 2(c), read with sections 1, 2(i) and/or 2(ii), 8, 10, 14 and Part II of the Schedule, of Act 41 of 1971, as amended - dealing in dangerous dependence producing drugs.
(2)	Alternative Count 2: Contravening section 2(d), read with sections 1, 2(i) and/or 2(ii), 8, 10, 4 and Part II of the Schedule, of Act 41 of 1971, as amended - possession of dangerous dependence producing drugs.

[3] My present burden in the instant proceedings is, therefore, to determine whether the accused are guilty on Count 2 or Alternative Count 2; that is to say, whether the State has proved beyond reasonable doubt that the accused are guilty on Count 2 or Alternative Count 2.

'Accused one was approached by a certain Guilhermino with a request to take his vehicle to South Africa. Accused 1 did not have a so-called SADC driver's licence and he accordingly, approached accused 2 whom he knew had such a licence. Guilhermino then prepared the documents in respect of the car, they agreed upon a price, and after he gave them money for expenses, they left. They did not know what was concealed underneath the car, and neither of them made any inspection of the undercarriage of the car. The first time they saw the contents of the concealed compartment was when Sergeant Van Wyk opened it at the roadblock outside of Keetmanshoop.'

'(a)     SANTA CLARA BORDER POST
To proceed from Santa Clara (in Angola), with destination to Namibia OSHIKANGO.
(b)	Vehicle Toyota (the motor vehicle)
(c)	KEA-88-61 
DRIVER'S DETAILS

Bearer of Driver's Licence No.: NB-13402
Resident of: Lubango
Owner ('Proprietor')
Name: Guilhermina Beatriz'

In the second place, there is a 'Declaration' made by Lubamba (Exh. 'Z1') in which she declares as follows:
'I, the undersigned, Guilhermina Beatriz Peyavali Vieira Clemente Lubamba, daughter of Venceslan Clemente and Rosalia Ndemba, native of Ombadja, Province of Cunene, born on 19 August 1974, and resident of Pioneiro Zeca neighbourhoods, Ombadja, Cunene; hereby declare that Josue Manuel Antonio, is authorized to drive a car of the make of TOYOTA LAND CRUISER, of Dark Gray colour, licence Registration number KEA-88-61, for private use.'

doubt does not mean proof beyond the shadow of doubt.'

Count 2:
Mr Daniel Joao Paulo, Mr Josue Manuel Antonio,
I convict you on the offence of contravening section 2(c), read with sections 1, 2(i) and/or 2(ii), 8, 10, 14 and Part II of the Schedule, of Act 41 of 1971, as amended - dealing in dangerous dependence producing drugs.

PARKER J