Sahrc Encourage Law Enforcement Not To Make Cannabis-related Arrests

The South African Human Rights Commission SAHRC has written to the police to express concern over the number of arrests that have been linked to the possession and use of cannabis.

In a statement , the SAHRC said it has received complaints concerning the 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.

As things currently 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.