Disclaimer: The information below is the opinion of RaveSafe. RaveSafe does not accept liability for any errors, opinions which are based on an undeveloped constitutional jurisprudence, or changes to the law after this information was compiled.

 

NOTE: This information is applicable to South Africa only.

 

Most of the substances mentioned here are illegal to possess and consume, and if you choose to take or distribute certain drugs, you are breaking the law. If you have chosen to break the law, it is *your* responsibility and *you* will have to live with the consequences of your actions.

If you are convicted of possession or dealing in drugs (either by pleading guilty when charged or by being found guilty after a trial), you will have a criminal record and you will be punished. The nature of the punishment will depend on many things - your age, previous convictions, the seriousness of the offence and so on. You will either be given a fine or a jail sentence or both. In some cases, the fine or the jail sentence may be "suspended", which means that you can go free, but if you do the same thing again, you will be sentenced for the new offence and the suspended sentence will be brought into effect.

A criminal record counts very heavily against you when applying for a job, a gun licence, or even for a visa to travel overseas.

The punishments for possessing or consuming these substances are severe and can lead to you spending time jail. Do not be fooled into thinking you will get away with it if you only have a small quantity of a drug on you. The law does not distinguish between small and large quantities and neither will the police.

The distribution of illegal substances is known as "dealing", and the sentences for anyone found guilty of dealing are much higher than those for possessing or consuming them. In short, dealers face a very real possibility of winding up in jail.

It is important to note that the word "dealing" has a very wide meaning in law. It includes:

- importing drugs (even if these are sent to you for your own use);
- exporting;
- distributing (even where this is not for profit or gain. For example, if you give a friend an Ecstasy tablet for free, you can be convicted of dealing);
- selling;
- manufacturing or growing drugs of any sort; - transporting (so be careful of carrying these in your car!)

Obviously, the best way to avoid the consequences of breaking the law is not to do anything illegal. It is your responsibility to know the law, so educate yourself - knowledge is power.

About searches:

The new South African Constitution has a Bill of Rights which protects your human rights. One of these rights is the right to privacy, which says that you cannot have your person or property searched or your things taken away from you by the government (which includes the police).

BUT none of the rights in the Bill of Rights is absolute. Under certain circumstances, all of these rights can be limited (changed, restricted or even taken away). This means that *you can still be searched* under certain conditions.

There is a law (the Criminal Procedure Act) which allows the police to search people and take their property if this is necessary for them to stop criminals. Because possession of drugs is against the law, the police are allowed to search you, your possessions and your home if they have a good reason to think that you have drugs.

Although the police would normally need a search warrant to search you, your possessions or your home, they do not need to get a search warrant if the delay would mean that the reason for the search would be defeated. If the police reasonably think you have drugs on you (for example, if you are obviously under the influence of drugs) and they believe that you would get rid of these before they could go and get a search warrant, they will be allowed to search you for drugs.

Note: A female may only be searched by a female. If no female police officer is present and the police want to search a female, they may request a female member of the public to assist them.

The police may also want to take a blood, sweat or urine sample from you. While this appears to go against your right to privacy, if you give consent, this is allowed. If you do not give consent, the police can arrest you.

If you are Arrested:

If the police find drugs on you or catch you dealing, you will most probably be arrested. Never resist arrest - it is an extremely serious offence. Also, you will give the police the right to use reasonable force to arrest you - and you do not want this to happen!

Once arrested, you have certain rights.

You have the right:

- to remain silent. However, you are required to tell the police your name and address. Failure to do so is an offence!
- to be taken to court within 48 hours (NOT including weekends and public holidays - so if you get arrested on Friday you're out of luck);
- to be released on bail or on warning or in the care of a parent or guardian (if you are under 18), unless there is a good reason to keep you in jail;

If the police decide to detain you for a while (which will most probably happen until you can apply for bail or release), they must:

- tell you, in a language you understand, why they are detaining you;
- allow you to contact your family, a doctor and a lawyer, or assist you to get a lawyer if you cannot afford one;
- keep you in proper conditions and give you food, water, something to read, and medical attention if you need it; and
- if you are under 18, keep you in a place separate from people over 18.

The police will probably ask you to make a statement. You do not have to do so. It is in your best interests to speak to an attorney before making or signing any kind of statement about the alleged offence. Remember that you have the right to remain silent, and cannot be penalised for refusing to make a statement. The right to keep silent is very important and any good lawyer would advise you not to say anything about anything to the police (except to tell them your name and address).

Insist on contacting your attorney as soon as possible, and instruct him/her to bring an immediate bail application. When you apply for bail, the police must take you to court for a hearing. If the magistrate decides to grant bail, or releases you on warning, or into the custody of a parent or guardian (if you are under 18), it may save you a night inside. (It's unlikely, but depending on the nature and seriousness of the offence, bail may even be granted by the police themselves, so ask them about that first).

On your first appearance in court, you might or might not be asked to plead. It is not advisable to enter a plea before consulting a lawyer. If you do not yet have a lawyer, you should ask for the case to be postponed while you find one.

If you cannot afford a lawyer, you can apply for Legal Aid. (There is a Legal Aid office in every court).

Consulting an attorney

When consulting with your attorney, remember that it's not whether you "did it" that counts, it's whether the state is able to prove it or not. If your attorney advises you to plead guilty, get a second opinion. A criminal record will last for the rest of your life.

Notes about Drugs

The rule that if you were found in possession of a certain amount of drugs, it would be presumed you were dealing in drugs no longer applies. Instead, the prosecutor now has to prove you were actually dealing. (But remember how wide the term "dealing" is in law).

If you give or sell harmful substances (e.g. bad e) to someone, it could kill them and you may be found guilty of culpable homicide (the negligent killing of someone) or even murder (the intentional killing of someone). Even if the person isn't seriously hurt, you might be liable for civil claims for damages. (You will have to pay their medical bills and compensate them for any pain or suffering you caused them).

It is illegal to abuse any substance, regardless of whether the substance itself is illegal or not.

Co-operate with the Police The police have a difficult job to do, and being rude or obstructive only makes the situation worse. If the police find ravers to be friendly and co-operative, they are far more likely to be tolerant of the dance culture. The police work hard to keep you safe, so respect what they do and give them a smile of encouragement every now and then - they need it!

Wits Law Clinic (South Africa) 011 716-5644

 

Disclaimer This Guide is provided for informational purposes ONLY. RaveSafe, it's volunteers and its sponsors do not condone or advocate the use of illegal substances. RaveSafe accepts NO responsibility for the way the information in this used, nor for any harm that might occur from the use of the information contained in this document. Although a concerted effort has been made to ensure the validity of the information contained in this document, no guarantees or assurances of accuracy are provided by anyone. Read and act at your own risk.