Loophole might lead to ‘declassification’ of MDMA
A massive drug bust in Middelburg in November 2014 made shockwaves as it allegedly involved a well known Durban businessman and co-owner of popular hangout place, Keys, on Florida Road in the coastal city.
Gregory Ayres together with Bulgarian national, Valeri Nicolov, were charged with dealing in and manufacturing of an unwanted substance.
The state alleged that 600 000 Ecstasy tablets worth an estimated R85 million, were found hidden in courier boxes in the back of their vehicle.
Ayres had to pay R1 million bail money and gave up some of his property as surety. Nicolov were later released on half a million rand bail.
The court case, currently on the roll in the Middelburg Magistrate Court, ground to a halt after Ayres’ case together with a similar case in KwaZulu Natal and another in the Eastern Cape, became part of a constitutional court application.
The criminal case can now only proceed after a finding has been made in the constitutional court.
It seems that lawyers have found a loophole in the current Drug and Trafficking Act, concerning MDMA (commonly known as Ecstasy). A source who has extensive knowledge of the act says that it is nothing new for drug manufacturers of MDMA to change small chemical components of the drug to sidestep the law.
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The recent application however, is a whole different ball game. The minister is the only person mandated to make amendments to the Drug Act, and to add or remove substances from the list.
This may only be done after consulting with the Minister of Health, as well as advertising it in the government gazette.
Lawyers bringing the court application, argue that when MDMA was scheduled, it was signed into power by the director-general and not the minister. They claim that the director-general does not have the legal power to do so and therefore argue that because correct procedures have not been followed, MDMA is technically not a banned substance.
If their application is successful, it will have dire consequences for government authorities, because it would mean that persons previously convicted of possession or dealing in MDMA will have to be pardoned.
If it happens, swift action will undoubtedly be taken to correct the mistake, but not before enormous damage has been done, including an extra burden on already overworked public servants.
