A High Court judge has blasted a magistrate for imposing a lenient sentence on a single mother of four caught with almost a kilogram of dagga, ruling that the punishment "fell short of real and substantial justice."

Justice Esther Muremba reviewed the case of Christine Chambati (39), who was arrested at Madokero Mall in June with 962.6 grammes of dagga hidden in her satchel. The drugs had an estimated street value of US$96.20.

Chambati admitted the charge and was convicted, but the magistrate gave her a suspended jail term and 420 hours of community service, citing her guilty plea, remorse and her status as a mother.

Justice Muremba said the magistrate misapplied the Criminal Procedure (Sentencing Guidelines) Regulations, 2023, which set a presumptive penalty of three years' imprisonment for cases involving large quantities of drugs or possession in public spaces.

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"The sentence imposed was not only inconsistent with the regulatory framework but also failed to reflect the structured approach intended to promote fairness, proportionality, and consistency in sentencing," Justice Muremba ruled.

Muremba criticised the magistrate's view that 962.6g was a "small" amount, saying precedent showed even 700g warranted prison time. Citing past cases, the judge said: "Quantities well below this threshold constitute substantial amounts."

The judge stressed that being caught at a busy shopping mall aggravated the offence: "Possession of dangerous drugs in a public setting... attracts the presumptive penalty of three years' imprisonment."

While confirming Chambati's conviction, Justice Muremba refused to certify the sentence, leaving the door open for a harsher penalty.

"Lenient sentences such as community service for possession of nearly a kilogram of dagga fall short of the justice system's duty to protect society," she warned.