The dagga question has recently come up after two incidents were reported in Westdene.
The Randburg Sun researched and enquired about what the current dagga situation in South Africa is.
According to the Times’ research about dagga, the Western Cape High Court ruled last year that preventing adults from smoking or growing the plant in their homes infringed on their constitutional right to privacy.
Chapter 2, Section 14 of the Bill of Rights states that everyone has the right to privacy, which includes the right not to have their person or home searched, their property searched, their possessions seized, or the privacy of their communications infringed.
The judge, who presided over the matter, Dennis Davis, ruled that the state had two years to implement changes to the 1992 Drugs and Drug Trafficking Act referring to dagga.
The ruling, however, specifically referred to the private use of the plant and does not apply to public use. The dagga couple [daggacouple.co.za], Myrtle Clark and Julian Stobbs, are currently advocating for public use in their most recent court bid.
The pair were arrested in 2010 in the north of Johannesburg for possessing and dealing dagga after police raided their home. Their criminal prosecution has been delayed due to their ongoing court battle, which now doubles as a stand to completely decriminalised dagga in South Africa.
If a ruling was made lifting a ban on the private use of dagga, why is it that people are still being arrested for growing dagga in their homes?
The spokesperson for the Sophiatown Police Station, Warrant Officer TJ de Bruyn, said he understands the current dagga situation as police are still able to arrest people for using and smoking dagga in their homes should they get wind of it as laws have technically not changed.
“It’s still a no-no. Up until the law has been modified and is in play can people smoke and grow their dagga in their homes but until then, they can still be arrested.”
What do you think about the direction dagga use is taking in South Africa? Email us on roxydv@caxton.co.za
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