The South African Human Rights Commission (SAHRC) has called on the South African Police Service to cease the unlawful arrest of Rastafarians and other individuals associated with cannabis. The SAHRC's intervention follows numerous complaints regarding the continued arrests despite the decriminalisation and legalisation of cannabis for private use.
Cannabis users and growers have welcomed the South African Human Rights Commission's ( SAHRC ) intervention in trying to address the unlawful arrest of marijuana users and traders. On Monday, the SAHRC said in a statement that it has written to the Ministry of Police asking it to stop the unlawful arrest of Rastafarians and other people in connection with cannabis.
The SAHRC expressed its deep concern over the number of human rights complaints it continues to receive in respect of the arrest of adult private users, possessors, and cultivators of cannabis—particularly within the Rastafari community. 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, the statement read. 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 statement read
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