Cape Town — The South African Human Rights Commission (SAHRC) has written to the police to express concern over the number of arrests linked to the possession and use of cannabis.
In a statement, the SAHRC said it has received complaints with respect to arrests of cannabis users, especially in the Rastafari community, despite the de-criminalisation of private use, possession and cultivation of cannabis by adults.
“This, despite the decriminalisation of the private use, possession and cultivation of cannabis by adults, in terms of Minister of Justice and Constitutional Development v Prince 2018 (6) SA 393 (CC), since 18 September 2018; the provision of the legalisation thereof, in terms of the Cannabis for Private Purposes Act 7 of 2024, which was assented to on 28 May 2024 and published in the Government Gazette on 3 June 2024; and the moratorium placed on such arrests made by members of the South African Police Services (SAPS), since 23 August 2023, through a directive issued by the National Commissioner for SAPS entitled, ‘Arrests by the South African Police Service for Cannabis – Related Matters’. The SAHRC said.
The SAPS directive recognised that neither legislation nor regulations prescribed the quantity of cannabis in the possession of, or cultivated by, an adult who is presumed to be dealing in cannabis.
Media Statement: South African Human Rights Commission reminds law enforcement to adhere to the moratorium on cannabis-related arrests https://t.co/8IO5bT1xLQ pic.twitter.com/L0uDSzLvei
— SAHRCommission (@SAHRCommission) December 23, 2024
As things stand, this directive said that adults cannot be arrested on the presumption of selling cannabis, and the Commission urged the Department of Justice to intervene.
“The Commission, therefore, urges the Department of Justice and Constitutional Development to draft regulations for the Cannabis for Private Purposes Act, in consultation with the Rastafari and other cannabis-using communities; as well as to advise on a specific commencement date for the Cannabis for Private Purposes Act, which has yet to come into effect,” it said.
Ahead of the festive season, the SAHRC reminded law enforcement, particularly SAPS and the National Prosecuting Authority (NPA), that the arrest or prosecution of adults for private use, possession and cultivation of cannabis, and making assumptions about dealing, is inconsistent with the law and national directives.
“Such arrests and/or prosecutions could lead to human rights violations being perpetrated by law enforcement,” it concluded.
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Compiled by Matthew Petersen
