Table 4 How the legislation cited in the manuscript can be applied in the prosecution process
Data source/date published | Type of legislation | Penalty/sentences | Stakeholders in law enforcement | Practical implications |
|---|---|---|---|---|
Government Gazette | Counterfeit Goods Act 37 of 1997, Sect. 19(1) TRIPS agreement article 61 Provisions | 1st offence: ≥ R5000 per item or with imprisonment not exceeding 3 years | SAPS (Commercial Crime Unit) DTI -CIPC (IPR protection) SARS (Customs) | This law focuses primarily on IPR infringements of all patented or trademarked products including medicines |
01-Oct-97 |  | 2nd offence: ≥ R10 000 per item with 5 year imprisonment | ||
Government Gazette | Medicines and Related Substances Act 101 of 1965 | Offences relating to sale of medicines (S14), false labels & advertisements (S18), out of specifications, controlled substances and licenses (22C), sale and purchase by wholesalers (22H): | SAHPRA (National Medicines Regulatory Authority) | The law focuses on licensing pharmacies, dispensing practitioners, labelling requirements, the manufacturing, sale, and distribution of medicines, the sale and distribution of narcotics, the sale of medicines requiring special permits, as well as permits for the movement of medicines in and out of South Africa. There is no specific provision regarding the sale of medicines online |
19 June 1965 | Â | Liable to a fine or imprisonment not exceeding 10Â years | Â | Â |
Government Gazette 23 July 2014 | Customs and Excise Act Section 113A, Section 5, Section 4(1) | Customs duties & taxes | SARS (Customs) | This law outlines requirements for the movement of medicines across national borders, wholesale licenses, infringement of intellectual property rights, and illegal substances through the Harmonised System of Tariffs that identify high-risk goods |
Government Gazette 04 December 1998 | Prevention of Organized Crime Act 121 of 1998 | Proceeds of crime: ≥ R100 million or imprisonment not exceeding 30 years | NPA (judiciary) SAPS (Commercial Crime Unit) | This law focuses on the penalties for money laundering and proceeds made from organised crime. If trafficking of counterfeited or falsified medicines involves organise crime, then this law will be applied |
Section 8(1): Criminal gang activities: | ||||
Imprisonment: Minimum: ≥ 3 years. Maximum: ≥ 8 years | ||||
Asset forfeiture (Section 30) |