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Tony sells heroin drugs to Samuel for R50 000. Both Tony and Samuel are aware that it is illegal to buy or sell heroin. Tony
Tony sells heroin drugs to Samuel for R50 000. Both Tony and Samuel are aware that it is illegal to buy or sell heroin. Tony delivers the heroin drugs to Samuel, but Samuel refuses to pay Tony. Section 5 of the Drugs and Drug Trafficking Act 140 of 1992 provides that no person shall buy or sell (a) any harmful dependence-producing substance or (b) any dangerous dependence-producing substance or (c) any undesirable dependence-producing substance, whilst section 4 prohibits the possession of such substances. Section 13 makes the contravention of both sections 4 and 5 a crime. The Act furthermore lists heroin as a harmful dependenceproducing substance. Tony approaches a court to assist him, for the payment of R50 000 from Samuel or the return of the heroin drugs. Consider the merits of both claims and advise if he will be successful
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