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South Africa
NATIONAL LEGISLATION OVERVIEWS
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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

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. 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.]
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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 amended by ... N/A REQ.INFO LINK

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