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Ruiters v S (A560/08) [2010] ZAWCHC 557 (12 November 2010)
Appeal against sentence in a drug case partly succeeded: the court reduced the sentence for dealing in mandrax and confirmed the dagga sentence.
S v Solomon (266/85) [1986] ZASCA 55; [1986] 2 All SA 443 (A) (26 May 1986)
The court held that the statutory definition of 'dealing' in the Drugs and Drug Trafficking Act must be interpreted in its context and restrictively, given its penal nature. The omission of 'purchase' or 'acquire' from the definition, and the clear legislative distinction between 'dealing' and 'possession', indicate that the legislature did not intend to criminalise the act of purchasing a prohibited substance for personal use as 'dealing'. This applies equally to intermediaries or agents acting solely on behalf of a buyer for personal use. The appellant's conduct, purchasing a Mandrax tablet…
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