South Africa Case Law

S v Solomon (266/85)

S v Solomon (266/85) [1986] ZASCA 55; [1986] 2 All SA 443 (A) (26 May 1986)

Court

Supreme Court of Appeal

Case number

266/85

Judges

RABIE, TRENGOVE, BOTHA, JACOBS, SMALBERGER

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…

Source excerpt

• Drug Offences
• Statutory Interpretation
• Possession Vs Dealing
• Mandrax
• Agent Liability