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CALS welcomes proposed moratorium on arresting private users of cannabis

- Sithuthukile Mkhize

CALS calls upon Parliament to take the necessary steps to fast-track passing legislation on the private use of cannabis

The Centre for Applied Legal Studies (CALS), the University of the Witwatersrand, welcomes the agreement by the South African Police Services (SAPS) to halt arrests of private users of cannabis. This came out of critical engagements between SAPS and stakeholders during the Cannabis and Hemp Phakisa event, including various role players in the cannabis industry.

CALS had been instructed by the Cannabis Development Council of South Africa to litigate on their behalf, with the view to obtaining a prohibitory interdict against SAPS for their continued unlawful arrests of users of cannabis across the country. The arrests were proceeding despite the Constitutional Court judgment of 2018 that decriminalized the private use of cannabis for adult persons. The Court ordered Parliament to enact legislation to make provision for the private use of cannabis, within a period of 24 months. This was anticipated to resolve several issues including the lawful quantity of cannabis one can have in their possession.

Approximately 60 months later, Parliament has failed to enact the legislation, but for the Cannabis for Private Purposes Bill. The gap in legislation has resulted in a high rate of unlawful arrests and detention of people found in possession of cannabis. In one case, a detainee lost their life whilst in custody and an inquest into the cause of death is currently pending.

We are looking forward to the proposed SAPS directive and are hopeful that it will bring about the necessary change called upon by all affected persons and organisations. Arrests should always be used as a measure of last resort, for any suspected criminal conduct. The Constitution and empowering legislation already provide for this. It is unfortunate though that the SAPS members often chose to go against the law and use arrest as means of punishing suspects for alleged criminal conduct.

“We would like to encourage SAPS to ensure that all their members familiarise themselves with the directive, to ensure full compliance,” says Sithuthukile Mkhize, the Head of Civil and Political Justice at CALS.

Mr Gareth Prince, chairperson of the Cannabis Development Council of South Africa stressed that: “Vaguely worded standing orders will not protect us in the absence of clear directives on police discretionary powers and serious consequences for those who abuse the law. If that is not forthcoming, we would have to litigate again which
would be tragic because the Bill is before Parliament.”

CALS calls upon Parliament to take the necessary steps to fast-track the passing of legislation on the private use of cannabis.

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