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Table of Contents
Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)
Notice No. 1927 of 1992
Act
Chapter I : Application of Act
1. Definitions
2. Operation of Act with regard to Medicines Act
Chapter II : Illegal Acts
Acts relating to scheduled substances and drugs
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
Offences and penalties
13. Offences relating to scheduled substances and drugs
14. Offences relating to proceeds of defined crime
15. Offences relating to reporting of information
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 orders
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. Definitions
55. Designated countries and appropriate authorities
Foreign confiscation orders
56. Registration of foreign confiscation orders
57. Effect of registration, and execution of foreign confiscation orders
58. Setting aside of registration of foreign confiscation orders
Satisfaction of confiscation orders
59. Satisfaction of confiscation orders in designated countries
60. Conversion of currencies
Regulations
61. Regulations
62. Tabling of regulations
Chapter VII : General Provisions
63. Amendment of Schedules 1 and 2
64. Jurisdiction of magistrates' courts
65. Rules of court
66. Repeal of laws
67. Saving in respect of pending prosecutions
68. Short title and commencement
Schedules
Schedule 1 : Scheduled Substances
Schedule 2
Schedule 3 : Laws Repealed (Section 66)
"declaration of forfeiture"
means a declaration of forfeiture made in terms of
section 25(1)
;
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