Further Legislative Developments

• Drugs and Drug Trafficking Act 140 of 1992: S. 63 repealed and Schedules 1 and 2 substituted by the Drugs and Drug Trafficking Amendment Act 14 of 2022 (GG 47736 of 14 December 2022), with effect from 14 December 2022
• Drugs and Drug Trafficking Act 140 of 1992: In Centre for Child Law v Director of Public Prosecutions, Johannesburg and Others 2022 JDR 2656 (CC) of 29 September 2022 s. 4 (b) of the Drugs and Drug Trafficking Act 140 of 1992 was declared to be inconsistent with the Constitution and invalid to the extent that it criminalises the use and/or possession of cannabis by a child. This was suspended for a period of 24 months to enable Parliament to finalise the legislative reform process.
  During the period of suspension no child may be arrested, prosecuted or diverted for contravening s. 4 (b) of the Drugs and Drug Trafficking Act insofar as it criminalises the use and/or possession of cannabis by a child. A child apprehended for the use and/or possession of cannabis may be referred to civil processes, including those found in the Children’s Act 38 of 2005 and the Prevention of and Treatment for Substance Abuse Act 70 of 2008.
  Where a court has convicted a child of a contravention of s. 4 (b) of the Act for the use and/or possession of cannabis, the criminal record containing the conviction and sentence in question, of that child in respect of that offence may, on application, be expunged by the Director-General: Justice and Constitutional Development, the Director-General: Social Development or the Minister of Justice and Correctional Services, as the case may be, in accordance with s. 87 of the Child Justice Act 75 of 2008. If administrative or practical problems arise, any interested person may approach the High Court for appropriate relief.
• Prevention of and Treatment for Substance Abuse Act 70 of 2008: Rules Governing the Quorum, Procedure at meetings and generally, the Conduct of Functions of the Central Drug Authority published and previous Rules repealed (GN 3310 in GG 48434 of 17 April 2023) (p3)
• Drugs and Drug Trafficking Act 140 of 1992: Schedule 2 amended by the Cannabis for Private Purposes Act 7 of 2024, with effect from a date to be proclaimed
• Prevention of and Treatment for Substance Abuse Act 70 of 2008: S. 7 substituted by the  National Health Insurance Act 20 of 2023, with effect from a date to be proclaimed

Proposed Future Developments

• Drugs and Drug Trafficking Amendment Bill, 2022: Publication of explanatory summary (GenN 1196 in GG 47193 of 4 August 2022) (p3)
• Prevention of and Treatment for Substance Abuse Act 70 of 2008: Draft Prevention of and Treatment for Substance Use Disorders Policy published for comment (GN 4058 in GG 49658 of 10 November 2023) (p3)

Contact: myjutapockets@juta.co.za