YOLANDI CLOETE
SMI 410
SU: 1 SUBSTANCE ABUSE OFFENCES
CHAPTER 13
PRESCRIBED SOURCES:
o Snyman’s Criminal Law 7th Ed Chapter 13 pgs 372-377
o Drugs and Drug Trafficking Act 140 of 1992 (sections 1, 4, 5, 13, 17)
o S v Skhosana 1973 (1) SA 322 (O)
o Prince v President, Cape Law Society 2002 SA 794 (CC)
o Minister of Justice and Constitutional Development and Others v
Prince and Others 2019 (1) SACR 14 (CC)
DEFINITIONS- SECTION 1 OF THE DDTA:
“DEAL IN”- IN RELATION TO A DRG, INCLUDES PERFORMING ANY ACT IN
CONNECTION WITH THE TRANSHIPMENT, IMPORTATION, CULTIVATION,
COLLECTION, MANUFACTURE, SUPPLY, PRESCRIPTION, ADMINISTRATION, SALE,
TRANSMISSION OR EXPORTATION OF THE DRUG
“POSSESS”- INCLUDES TO KEEP OR TO STORE THE DRUG, OR TO HAVE IT IN
CUSTODY OR UNDER CONTROL OR SUPERVISION (ordinary meaning v
extended meaning)
USE AND POSSESSION OF DRUGS- SECTION 4
(a) Definition
“Use and possession of drugs-
(4). No person shall use or have in his possession-
(a) any dependence-producing substance; or
(b) any dangerous dependence-producing substance or any undesirable dependence-
producing substance, unless-
(i) he is a patient who has acquired or bought any such substance-
Statutory grounds of justification
(aa) from a medical practitioner, dentist or practitioner acting in his professional
capacity and in accordance with the requirements of the Medicines Act or any
regulation made thereunder; or
(bb). from a pharmacist in terms of an oral instruction or a prescription in writing
of such medical practitioner, dentist or practitioner and uses that substance for
1
, YOLANDI CLOETE
SMI 410
medicinal purposes under the care or treatment of the said medical
practitioner, dentist or practitioner;
(ii) he has acquired or bought any such substance for medicinal purposes-
(aa) from a medical practitioner. veterinarian, dentist or practitioner acting in
his professional capacity and in accordance with the requirements of the
Medicines Act or any regulation made thereunder;
(bb) from a pharmacist in terms of an oral instruction or a prescription in writing
of such medical practitioner, veterinarian, dentist or practitioner; or
(cc) from a veterinary assistant or veterinary nurse in terms of a prescription in
writing of such veterinarian with the intent to administer that substance to a
patient or animal under the care or treatment of the said medical practitioner,
veterinarian, dentist or practitioner;
Statutory grounds of justification
(iii) he is the Director-General: National Health and Population Development who has
acquired or bought any such substance in accordance with the requirements of the
Medicines Act or any regulation made thereunder;
(iv) he, she or it is a patient, medical practitioner. veterinarian. dentist, practitioner,
nurse, midwife, nursing assistant, pharmacist, veterinary assistant, ...veterinary nurse,
manufacturer of, or wholesale dealer in, pharmaceutical products, importer or
exporter, or any other person contemplated in the Medicines Act or any regulation
made thereunder who or which has acquired, bought, imported, cultivated, collected
or manufactured, or uses or is in possession of or intends to administer, supply, sell,
transmit or export any such substance in accordance with the requirements or
conditions of the said Act or regulation, or any permit issued to him, her or it under the
said Act or regulation;
(v) he is an employee of a pharmacist, manufacturer of, or wholesale dealer in,
pharmaceutical products, importer or exporter who has acquired, bought imported,
cultivated, collected or manufactured, or uses or is in possession of or intends to supply,
sell, transmit or export any such substance in the course of his employment and in
accordance with the requirements or conditions of the Medicines Act or any regulation
made thereunder, or any permit issued to such pharmacist, manufacturer of or
wholesale dealer in, pharmaceutical products, importer or exporter under the said Act
or regulation; or
(vi) he has otherwise come into possession of any such substance in a lawful manner.”
o Statutory grounds of justification for possession: e.g. pharmacist,
acquired from medical practitioner etc. (be able to identify)
• S v Skhosana 1973 (1) SA 322 (O):
2
SMI 410
SU: 1 SUBSTANCE ABUSE OFFENCES
CHAPTER 13
PRESCRIBED SOURCES:
o Snyman’s Criminal Law 7th Ed Chapter 13 pgs 372-377
o Drugs and Drug Trafficking Act 140 of 1992 (sections 1, 4, 5, 13, 17)
o S v Skhosana 1973 (1) SA 322 (O)
o Prince v President, Cape Law Society 2002 SA 794 (CC)
o Minister of Justice and Constitutional Development and Others v
Prince and Others 2019 (1) SACR 14 (CC)
DEFINITIONS- SECTION 1 OF THE DDTA:
“DEAL IN”- IN RELATION TO A DRG, INCLUDES PERFORMING ANY ACT IN
CONNECTION WITH THE TRANSHIPMENT, IMPORTATION, CULTIVATION,
COLLECTION, MANUFACTURE, SUPPLY, PRESCRIPTION, ADMINISTRATION, SALE,
TRANSMISSION OR EXPORTATION OF THE DRUG
“POSSESS”- INCLUDES TO KEEP OR TO STORE THE DRUG, OR TO HAVE IT IN
CUSTODY OR UNDER CONTROL OR SUPERVISION (ordinary meaning v
extended meaning)
USE AND POSSESSION OF DRUGS- SECTION 4
(a) Definition
“Use and possession of drugs-
(4). No person shall use or have in his possession-
(a) any dependence-producing substance; or
(b) any dangerous dependence-producing substance or any undesirable dependence-
producing substance, unless-
(i) he is a patient who has acquired or bought any such substance-
Statutory grounds of justification
(aa) from a medical practitioner, dentist or practitioner acting in his professional
capacity and in accordance with the requirements of the Medicines Act or any
regulation made thereunder; or
(bb). from a pharmacist in terms of an oral instruction or a prescription in writing
of such medical practitioner, dentist or practitioner and uses that substance for
1
, YOLANDI CLOETE
SMI 410
medicinal purposes under the care or treatment of the said medical
practitioner, dentist or practitioner;
(ii) he has acquired or bought any such substance for medicinal purposes-
(aa) from a medical practitioner. veterinarian, dentist or practitioner acting in
his professional capacity and in accordance with the requirements of the
Medicines Act or any regulation made thereunder;
(bb) from a pharmacist in terms of an oral instruction or a prescription in writing
of such medical practitioner, veterinarian, dentist or practitioner; or
(cc) from a veterinary assistant or veterinary nurse in terms of a prescription in
writing of such veterinarian with the intent to administer that substance to a
patient or animal under the care or treatment of the said medical practitioner,
veterinarian, dentist or practitioner;
Statutory grounds of justification
(iii) he is the Director-General: National Health and Population Development who has
acquired or bought any such substance in accordance with the requirements of the
Medicines Act or any regulation made thereunder;
(iv) he, she or it is a patient, medical practitioner. veterinarian. dentist, practitioner,
nurse, midwife, nursing assistant, pharmacist, veterinary assistant, ...veterinary nurse,
manufacturer of, or wholesale dealer in, pharmaceutical products, importer or
exporter, or any other person contemplated in the Medicines Act or any regulation
made thereunder who or which has acquired, bought, imported, cultivated, collected
or manufactured, or uses or is in possession of or intends to administer, supply, sell,
transmit or export any such substance in accordance with the requirements or
conditions of the said Act or regulation, or any permit issued to him, her or it under the
said Act or regulation;
(v) he is an employee of a pharmacist, manufacturer of, or wholesale dealer in,
pharmaceutical products, importer or exporter who has acquired, bought imported,
cultivated, collected or manufactured, or uses or is in possession of or intends to supply,
sell, transmit or export any such substance in the course of his employment and in
accordance with the requirements or conditions of the Medicines Act or any regulation
made thereunder, or any permit issued to such pharmacist, manufacturer of or
wholesale dealer in, pharmaceutical products, importer or exporter under the said Act
or regulation; or
(vi) he has otherwise come into possession of any such substance in a lawful manner.”
o Statutory grounds of justification for possession: e.g. pharmacist,
acquired from medical practitioner etc. (be able to identify)
• S v Skhosana 1973 (1) SA 322 (O):
2
