The South African Human Rights Commission (SAHRC) has called on law enforcement to stop arresting citizens for private cannabis use, cultivation and possession, rights that have been protected since the landmark Constitutional Court judgment of September 18, 2018.

According to George Herald, the commission recently hosted a national Rastafari Rights Roundtable.

The meeting included representatives of the Rastafari Nation Council, civil society organisations such as Fields of Green for All, experts, and various government departments, including the police, the National Prosecuting Authority and the Department of Justice, who discussed ongoing police harassment of cannabis users.

‘Police defying court ruling’

According to the SAHRC, despite the 2018 Constitutional Court ruling and a directive issued by the SAPS national commissioner on August 23, 2023, unlawful arrests and profiling of people in connection with cannabis offences continue across the country.

The directive reminded all police officials that private cultivation, possession and use of cannabis by adults had been lawful since 2018 and that arrests should not be made without consultation with the prosecuting authority.

“The commission continues to receive reports of alleged police brutality and harassment, particularly among the Rastafari community, for using, cultivating or possessing cannabis for private or communal use,” the SAHRC said.

Key issues identified

The roundtable discussions identified five key concerns: Unlawful arrests and police profiling; regulatory development and public participation; commercialisation and indigenous knowledge; education and cultural inclusion; and land access and sacred spaces.

The SAHRC’s forthcoming report will outline next steps to protect and promote the rights of this historically marginalised community.

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