Drugs and Drug Trafficking Act

Advocate Sereko wrote a letter on 14 February 2025 to the Provincial Head of DPCI in Gauteng confirming a prima facie case relating to alleged contravention of Drugs and Drug Trafficking Act, indicating sufficient grounds to charge the four accused in dealing or possession of drugs.

“Advocate Sereko confirmed there was, in his view, a prima facie case relating to the alleged contravention of Drugs and Drug Trafficking Act ... sufficient grounds for me to believe that the four accused should have been charged in dealing in drugs, alternatively possession of drugs”

Police have access to the depot and can lawfully seize drugs under various legislative Acts including the Criminal Procedure Act, Drugs and Drug Trafficking Act, Medicines Control Act, and Customs and Exiles Act.

“The police is allowed to be there. It is part of our duties. If I have got information of the drugs being there, there is elements in the Criminal Procedure Act, the Drugs and Drug Trafficking Act, the Medicines Control Act. They allow certain elements there. We can also rely on the Customs and Exiles Act because we can enforce that. So if you are asking how would a policeman go in there and take it and drive out, you could.”

Under the Drugs and Drug Trafficking Act, Warrant Officer Sander had the authority to search the container, and had full consent to do so.

“in terms of the Drugs and Drug Trafficking Act, I had the authority to search that container. But I also had their full consent to search that container.”