HARARE — Bellarmine Chatunga Mugabe, the 29-year-old son of Zimbabwe’s late former president Robert Mugabe, was released without charge on Friday after prosecutors declined to pursue a drug possession case against him, leaving his companion to face prosecution over 72 grammes of suspected cannabis allegedly discovered during a police vehicle search.
Chatunga had been arrested alongside his friend, Max Mugaba, after police stopped the vehicle in which the two men were travelling and allegedly discovered the substance in a bag attributed to Mugaba.
However, prosecutors withdrew the allegations against Chatunga during the vetting process, allowing him to leave court without facing formal criminal charges.
Mugaba, meanwhile, appeared before Harare magistrate Tapiwa Kuhudzai on a charge of possession of dangerous drugs.
The prosecution alleges that the cannabis was found in his possession. The allegation has not been established by a court, and Mugaba remains presumed innocent unless proven guilty.
The decision not to prosecute Chatunga followed an assessment of the allegations arising from the police search.
His lawyer, Simbarashe Mukwekwezeka, said his client had collected Mugaba while travelling to get a haircut and had no knowledge that his companion was allegedly carrying cannabis.
According to the defence lawyer, police stopped the vehicle because it was unregistered.
Mukwekwezeka maintained that Chatunga was unaware of the contents of Mugaba’s bag.
The explanation places the question of knowledge and possession at the centre of the case.
In criminal proceedings involving prohibited substances, the mere presence of an individual in a vehicle where drugs are discovered does not automatically establish criminal responsibility.
The prosecution must establish the relevant legal elements of the alleged offence, including the accused person’s connection to the substance.
In Chatunga’s case, prosecutors elected not to proceed following their initial assessment.
That decision means he was not required to answer a drug possession charge in court on Friday. It should not be confused with an acquittal following a criminal trial.
Mugaba’s case proceeded before magistrate Tapiwa Kuhudzai, with prosecutors alleging that he possessed 72 grammes of cannabis.
The substance was reportedly discovered in a bag during the police search.
The available account does not establish whether Mugaba entered a plea, whether bail was granted or when the matter will next return to court.
Those details would need to be confirmed from the court record before publication as established facts.
The prosecution will be required to present evidence supporting its allegations, while Mugaba is entitled to challenge that evidence through the judicial process.
His appearance before the magistrate does not constitute a finding of guilt.
High-profile surname draws public attention
Chatunga’s involvement attracted attention because of his family background.
He is a son of Robert Mugabe, who governed Zimbabwe from independence in 1980 until his removal from office in November 2017.
However, his relationship to the former president has no bearing on the legal standard applicable to the allegations.
Zimbabwe’s criminal justice system is required to assess evidence against each accused person individually, regardless of family connections or public prominence.
The distinction is particularly important where several people are arrested during the same police operation but the evidence is subsequently found to support proceedings against only one of them.
In this instance, the prosecution’s decision separated Chatunga from the case proceeding against Mugaba.
The matter also illustrates the importance of distinguishing arrest from prosecution and prosecution from conviction.
An arrest may follow police suspicion, but a decision to prosecute requires an assessment of the available evidence.
Similarly, the withdrawal of an allegation before trial does not establish that another person is guilty of the offence.
Drug possession cases can involve questions about ownership, control, knowledge of a substance and the circumstances in which it was recovered.
The prosecution’s responsibility is to establish the offence according to the applicable legal standard, while the defence has the opportunity to contest the allegations.
For Mugaba, the next stage of the case will depend on the evidence presented before the magistrates’ court and any subsequent procedural directions.
For Chatunga, Friday’s decision brought his immediate involvement in the reported proceedings to an end without a criminal charge.
The case remains before the courts in relation to Mugaba, whose legal position will be determined through the judicial process.
