| LegalB's Resources for Africa |
South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Drug and Drug Trafficking Act,
No. 140 of 1992
Long title
To provide for the prohibition of the use or possession of, or the dealing in, drugs and of certain acts relating to the manufacture or supply of certain substances or the acquisition or conversion of the proceeds of certain crimes; for the obligation to report certain information to the police; for the exercise of the powers of entry, search, seizure and detention in specified circumstances; for the recovery of the proceeds of drug trafficking; and for matters connected therewith
Table of contents
Legislation Text Access Point
Long title
To provide for the prohibition of the use or possession of, or the dealing in, drugs and of certain acts relating to the manufacture or supply of certain substances or the acquisition or conversion of the proceeds of certain crimes; for the obligation to report certain information to the police; for the exercise of the powers of entry, search, seizure and detention in specified circumstances; for the recovery of the proceeds of drug trafficking; and for matters connected therewith
Table of contents
| SECTION | TITLE |
| CHAPTER I. APPLICATION OF ACT | |
| 1. | Definitions |
| 2. | Operation
of Act with regard to Medicines Act |
| CHAPTER
II. ILLEGAL ACTS |
|
| 3. | Manufacture
and supply of scheduled substances |
| 4. | Use
and possession of drugs |
| 5. | Dealing
in drugs |
| Acts
relating to proceeds of defined crime |
|
| 6. | Acquisition
of proceeds of defined crime |
| 7. | Conversion
of proceeds of defined crime |
| CHAPTER
III. REPORTING OF INFORMATION, AND INVESTIGATIONS |
|
| Reporting
of information |
|
| 8. | Designated
officers |
| 9. | Relaxation of restrictions on disclosure of information |
| 10. | Obligation
to report certain information to police |
| Investigations |
|
| 11. | Powers
of police officials |
| 12. | Interrogation
of persons under warrant of apprehension |
| CHAPTER
IV. OFFENCES, PENALTIES, PRESUMPTIONS AND FORFEITURE |
|
| 13. | Offences
and penalties |
| 14. | Offences
relating to scheduled substances and drugs |
| 15. | Offences
relating to proceeds of defined crime |
| 16. | Offences
relating to powers of police officials. |
| 17. | Penalties |
| Presumptions
and liability of employers and principals |
|
| 18. | Presumption
relating to samples of substances |
| 19. | Presumptions relating to health matters |
| 20. | Presumption
relating to possession of drugs |
| 21. | Presumptions
relating to dealing in drugs |
| 22. | Presumption
relating to acquisition of proceeds of defined crime |
| 23. | Presumption
relating to reporting of information |
| 24. | Liability
of employers and principals |
| Forfeiture |
|
| 25. | Declarations
of forfeiture |
| 26. | Interests
of third parties |
| 27. | Evidence
in respect of declarations of forfeiture and certain interests |
| CHAPTER
V. PROCEEDS OF DRUG TRAFFICKING |
|
| Application
of chapter |
|
| 28. | Definitions |
| 29. | Persons
who have benefited from drug trafficking |
| 30. | Proceeds
of drug trafficking |
| 31. | Realizable
property |
| 32. | Value
of property |
| 33. | Gifts |
| 34. | Conclusion
of proceedings against defendant |
| Confiscation
orders |
|
| 35. | Confiscation
orders |
| 36. | Value
of proceeds of drug trafficking |
| 37. | Amounts
which might be realized |
| 38. | Statements
relating to drug trafficking |
| 39. | Presumptions relating to proceeds of drug trafficking |
| 40. | Effect
of confiscation orders |
| Restraint |
|
| 41. | Cases
in which restraint orders may be made |
| 42. | Restraint
orders |
| 43. | Seizure
of property subject to restraint order |
| 44. | Appointment
of curator bonis in respect of property subject to restraint order |
| 45. | Orders in
respect of immovable property subject to restraint order |
| Realization
of property |
|
| 46. | Realization of
property |
| 47. | Application of
certain sums of money |
| General |
|
| 48. | Functions of
curator bonis |
| 49. | Exercise of
powers by superior court and curator bonis |
| 50. | Variation of
confiscation orders |
| 51. | Effect of
sequestration of estates on realizable property |
| 52. | Effect of winding-up of companies or other juristic persons on realizable property |
| 53. | Compensation |
| CHAPTER
VI. MUTUAL ASSISTANCE IN RESPECT OF DRUG TRAFFICKING |
|
| Application
of chapter |
|
| 54. | ... [...repealed by
Act 1996_075_037_19961120 - was entitled "Definitions"] |
| 55. | ... [...repealed by Act 1996_075_037_19961120 - was entitled "Designated countries and appropriate authorities"] |
| Foreign
confiscation orders |
|
| 56. | ... [...repealed by Act 1996_075_037_19961120 - was entitled "Registration of foreign confiscation orders"] |
| 57. | ... [...repealed by Act 1996_075_037_19961120 - was entitled "Effect of registration, and execution of foreign confiscation orders"] |
| 58. | ... [...repealed by Act 1996_075_037_19961120 - was entitled "Setting aside of registration of foreign confiscation orders"] |
| Satisfaction
of confiscation orders |
|
| 59. | ... [...repealed by Act 1996_075_037_19961120 - was entitled "Satisfaction of confiscation orders in designated countries"] |
| 60. | ... [...repealed by Act 1996_075_037_19961120 - was entitled "Conversion of currencies"] |
| Regulations |
|
| 61. | ... [...repealed by Act 1996_075_037_19961120 - was entitled "Regulations"] |
| 62. | ... [...repealed by Act 1996_075_037_19961120 - was entitled "Tabling of regulations"] |
| CHAPTER
VII. GENERAL PROVISIONS |
|
| 63. | ... [... repealed by Act 2022_014_001_20221214 - was entitled "Amendment of
Schedules 1 and 2"] |
| 64. | Jurisdiction of magistrate's courts |
| 65. | Rules of court |
| 66. | Repeal of laws |
| 67. | Saving in
respect of pending prosecutions |
| 68. | Short title
and commencement |
| Sch. 1. | SCHEDULE 1.
SCHEDULED SUBSTANCES [s63] |
| Sch. 2. | SCHEDULE 2. [s61; s63] PART 1. Dependence-Producing Substances PART II Dangerous Dependence-Producing Substances PART III Undesirable Dependence-Producing Substance |
| Sch. 3. | SCHEDULE 3. LAWS REPEALED (SECTION 66) [s1; s66] |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
Access Official Gazette PDF | Request Subscription Fee | Subscriber Access |
| As unamended Act 1992_140_000_19920715 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 1996_018_000_19960419 . | N/A | REQ.INFO | LINK |
| As amended by Act 1996_075_000_19961120 . | N/A | REQ.INFO | LINK |
| As amended by Act 1998_121_000_19981204 . | N/A | REQ.INFO | LINK |
| As amended by Act 2002_037_000_20021115 . | N/A | REQ.INFO | LINK |
| As amended by Act 2002_070_000_19961120 . | N/A | REQ.INFO | LINK |
| As if amended by Bill 2022_019_000_00000000 | N/A | REQ.INFO | LINK |
| As amended by Act 2022_014_000_20221214 . | N/A | REQ.INFO | LINK |
| As amended by Act 2024_007_000_20240603 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
* LegalB refers to a "version" of an Act or its sections in the format "YYYY_NNN_SSS_YYYYMMDD", which refers to "YEAR OF ACT_ACT NUMBER_SECTION OF ACT_DATE OF GAZETTE", and where "DATE OF GAZETTE" refers to the "YEAR_MONTH_DAY" on the face of the Gazette in which either the Act was originally published or in which the amending, lapsing or repealing instrument was published. Where any segment of the reference string contains only zeros, it means that information is not relevant, not made available, or unavailable.
* Unbolded grey text in square brackets is additional information provided by LegalB.
* "..." indicates further information not provided by LegalB for purpose of brevity
* An Asterisk indicates uncertainty regarding information, and a double asterisk indicates information must be read in the light of our relevant Commentary.