Section 47: Jurisdiction

47. Jurisdiction (1) Subject to subsection (2), a prosecution for an offence under this Act shall take place, at the sole discretion of the Director of Public Prosecutions, before a Judge without a jury, the Intermediate Court or the District Court. (2) A prosecution for an offence under sections 30 and 41 (3) shall take place before a Judge without a jury where it is averred that the accused person is a drug trafficker. (3) Notwithstanding any other enactment, the Intermediate Court shall have— (a) jurisdiction to inflict any fine provided under this Act or imprisonment for a term not exceeding 20 years; D2 – 25 [Issue 4] Dangerous Drugs Act (b) power to order sentences of imprisonment imposed under this Act to be served consecutively provided that the terms of such sentences shall not in the aggregate exceed 30 years. (4) Sections 151, 152, 153 and 197 of the Criminal Procedure Act, sections 50 and 51 of the Reform Institutions Act and the Probation of Offenders Act shall not apply to a conviction for an offence under any of the provisions of this Act other than section 34. (5) The Court before which a person is convicted of an offence— (a) shall, in addition to any penalty imposed by the Court, order any dangerous drug or any article, utensil or any instrument in respect or by means of which the offence was committed or any money obtained from the commission of the offence to be forfeited; (b) may, in addition to any penalty imposed by the Court, order any vehicle or other conveyance used in the unlawful transport or distribution of any dangerous drug to be forfeited; (c) may, in addition to any penalty imposed by the Court, upon the production of a certificate under the hand of the Commissioner of Police, stating that a specified quantity of drugs is required in order to be used for the purpose of training sniffer dogs, order that such quantity from the dangerous drugs forfeited under paragraph (a) shall be so used. [S. 47 amended by s. 8 of Act 29 of 2003 w.e.f. 1 September 2003; s. 3 of Act 20 of 2004 w.e.f. 7 August 2004; s. 4 (2) (b) of Act 6 of 2007 w.e.f. 18 June 2007.]