Cannabis advocates hail SAHRC’s move against unlawful arrests

Cannabis 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. 

‘Stop unlawful arrest’ – SAHRC

“The South African Human Rights Commission (SAHRC/the Commission) has written to the National Commissioner, Lt. Gen. Fannie Masemola, of the South African Police Service[Saps] to express its deep concern over the number of human rights complaints that 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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The Commission has urged 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-using communities, and to advise on a specific commencement date for the Act, which has yet to come into effect.

Dave Sewell, who is a cannabis grower and a member of the Global Cannabis March Movement (GCMM), said he was arrested last year in November and spent seven days in prison. 

He was found in possession of cannabis, and he tried in vain to explain that as a natural health practitioner, he used the herbs to make medicine.

‘Educate police officers’

“What the police are doing is dusting, but I am happy that people are now standing up against the abuse that they are subjected to.” 

“Concerning my case, I have opened a case of unlawful arrest against the police, but I cannot divulge the details at the moment. But, indeed, the matter is currently in court, and I will give you details with the permission of my attorney,” said Sewell. 

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Sewell, a registered healer, said after his mother was diagnosed with cancer, cannabis assisted her to survive for seven years. 

Trenton Birch, the CEO and co-founder of Cheeba Cannabis & Hemp Academy, has called on the government to educate police officers about the cannabis industry so that they can make informed decisions when dealing with issues involving it. 

Govt not keeping up with legislation

Birch also blamed the government for failing to come up with legislation that would make things easier for those doing marijuana business and private users. 

“I have been hearing the news of illegally arresting people, and it is disappointing that it is continuing even today. We are not going to stand and watch this happening; instead, we are going to fight until things are done right.”

“I do sympathise with the Rastafarian community and other people for being arrested for no reason. I think police should be trained so that when they see cannabis open trade taking place, they understand what is going on.”

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“The cannabis industry is one of the sectors that has the potential to create jobs and grow the economy. The government must get its house in order and assist in creating a conducive business environment for this industry.”