The South Human Rights Commission (SAHRC), has expressed concern on the numerous complaints it received, relating to cannabis related arrests.
According to the Commission, the complaints are mostly from the Rastafari and cannabis-using community, despite the decriminalisation of the private use, cultivation and possession of cannabis in the country.
“The SAPS directive recognises that neither legislation nor regulations prescribe the quantity of cannabis in the possession of/or cultivated by an adult that may be presumed to be dealing in cannabis, which is still unlawful.
Therefore, as things stand, this directive directs that adults may not be arrested on the presumption of dealing in cannabis either.
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 users, as well as to advise on a specific commencement date for the Cannabis for Private Purposes Act, which has yet to come into effect,” read a statement from the Commission.
As the festive season unfolds, the Commission sought to remind law enforcement agencies to adhere to the legislation regarding apprehensions related to the use of marijuana.
“The Commission cautions SAPS and the National Prosecuting Authority that the arrest and/or prosecution of adults for the private use, possession or cultivation of cannabis, as well as making assumptions about dealing is inconsistent with both the law and national operational directives.
Such arrests and/or prosecutions could lead to human rights violations being perpetrated by law enforcement,” added the statement.
Meanwhile, the Cannabis for Private Purposes Act that was signed by President Cyril Ramaphosa in May this year, does not make provision for its commercialisation at this stage and limits the quantity individuals may own for private use and cultivation.
In South Africa, the herb is used for medicinal and recreational purposes amongst others.
