The Department of Justice and Constitutional Development is in the process of amending the Drugs and Drug Trafficking Act, 1992 (Act 140 of 1992) with a view to ensuring that those arrested for possession and dealing in the substance referred to as “Nyaope” or “Wunga”, are successfully prosecuted. This is in the wake of the escalating rate of abuse which is also believed to be the cause of some heinous crimes committed around the country as well as the non-classification of this substance as an illegal drug.
Nyaope, which is mainly used by teenagers, appeared on the streets before 2007 in the Tshwane townships of Soshanguve, Atteridgeville and Mamelodi. It consists mainly of a mixture of heroin and/or dagga to which further controlled substances may or may not be added. This concoction also mixed with various extenders such as anti-retroviral drugs (used for AIDS treatment), milk powder, rat poison, bicarbonate of soda and pool cleaner. Nyaope is mainly abused by teenagers.
Both heroin and dagga, the main narcotic ingredients of Nyaope, are listed as undesirable dependence-producing substances in the Drugs and Drug Trafficking Act. This legislation prohibits the use, possession, production and commercialisation of an undesirable dependence-producing substance.
The use or possession of undesirable dependence producing substances is punishable with a fine and/or imprisonment for a period not exceeding 15 years. The dealing in an undesirable dependence producing substance is punishable with imprisonment for a period not exceeding 25 years and/or a fine as the court may deem fit to impose.
While it is true that prosecution for possession and dealing in ‘Nyaope’ is legally impossible, prosecution of people found in possession may be prosecuted if the substance has other prohibited drugs like heroin and dagga as they are illegal drugs in terms of the Act.
The Department of Justice and Constitutional Development is in consultation with Department of Health, to look at the possibility of amending the Act in order to expand its applicability. This amendment is in line with typical legislation adopted in foreign jurisdictions like the USA, Australia and UK to address the designer drug issue. The proposed amendments to Schedule 2 to the Act aim to include -
(a) chemically related substances that incorporate a structural fragment into their structures that is similar to the structure of a listed substance; and/or
(b) exhibit pharmacodynamic properties (that is biochemical and physiological effects on a person) similar to the listed substance.
Any substance similar to the listed substances in Schedule 2 will therefore be included in the Schedule, based on similarity in chemical composition as well as the effect thereof on a person.
In addition, specific new substances will also be included in Schedule 2 to the Act. The amendment will therefore prohibit possession and dealing in any mixture that contains chemical substances that have the same effect as the prohibited and illegal substances.
Members of the public are therefore urged to refrain from this despicable conduct and report perpetrators to law enforcement as this undermines government’s efforts in the fighting drug abuse.
Enquiries:
Advocate Mthunzi Mhaga
Spokesperson for the Department of Justice and Constitutional Development
Cell: 083 641 8141
