Assembly approves changes to law on misuse of drugs |25 July 2012

The Misuse of Drugs (Amendment) Bill was presented by the Minister for Home Affairs and Transport Joel Morgan.

He said the amendments are aimed at reinforcing the current provisions of the Misuse of Drugs Act and enhance detection of those who commit offences under this act.

The first amendment is to provide a new definition of ‘cannabis’ and to introduce the definition of ‘authorised person’, ‘chief officer of the National Drugs Enforcement Agency (NDEA), ‘cultivation by enhanced indoor means’, ‘NDEA agent’ and ‘ undercover officer’.

Other amendments include new offences relating to controlled drugs such as cultivation by enhanced indoor means.

Under this newly amended act, it is an offence to produce, manufacture or import precursors, equipment or materials with the intention to use them in the cultivation or manufacture of a controlled drug.

A person committing this offence will get a minimum mandatory sentence of 10 years in prison and a maximum of 30 years with a fine of R500,000.

Presenting the amendments, Mr Morgan said a person also commits an offence when driving a motor-powered vehicle, steering a motor-powered marine craft or flying a motor-powered aircraft while under the influence of a controlled drug.

Any person committing this offence will get a minimum mandatory sentence of two years in prison and a maximum sentence of 10 years with a fine of R100,000.

Mr Morgan said the Bill also makes provision for undercover agents to be appointed with the aim to detect offences stated in this act.

The amended Bill gives power to the Commissioner of Police and the chief officer of NDEA (National Drugs Enforcement Agency) to make such appointments.

It also empowers a judge in Chambers to issue a warrant authorising a police officer or an NDEA agent to take several actions.

These include tap or place a telephone under surveillance, have access to computer systems used by individuals suspected of committing any offences stated under this act.

A warrant may also be issued to place under surveillance a bank account suspected to be used in operation related to such offences.

Mr Morgan said the amendments also empower the Commissioner of Police or chief officer of the NDEA to authorise controlled deliveries of consignments which contains controlled drugs being suspected of being dispatched.

A new section in this act gives power to the court to order the destruction of plants and substances containing a controlled drug before legal proceedings are completed.

He added that two new types of Class B drugs have been introduced in this act and any person committing any prohibited action in relation to the two drugs will be prosecuted under this act.

The Bill also increases sentence for offences stated under this act which includes a minimum mandatory sentence of life imprisonment for offences such as importation and exportation of a controlled drug without authorisation.

To conclude, Mr Morgan said the drug situation in the country is an alarming one and many families are suffering.

He added that drug abuse brings along other bad influences such as prostitution and violence, and that it is in the interest of all citizens that these amendments have been proposed.

During yesterday’s session, members of the National Assembly also approved a second bill proposing to amend various sections of the Penal Code in relation to offences against property involving violence, sexual offences against minors committed by adult offenders and the offence of piracy.