SAHRC Calls for SAPS Restraint in Cannabis-Related Arrests Amid Human Rights Concerns

The South African Human Rights Commission (SAHRC) has made a strong appeal to the South African Police Service (SAPS) to suspend arrests related to cannabis usage that could lead to human rights abuses. This request comes in the wake of numerous grievances lodged by members of the cannabis-using population, particularly since the passage of the Cannabis for Private Purposes Act in May.

The act allows the cultivation, possession, and private use of cannabis by adults, marking a significant shift in the country’s drug policy. However, implementation gaps and policing issues have surfaced, prompting the SAHRC to step in. SAHRC Commissioner Tshepo Madlingozi highlighted that the enforcement of this law is crucial to respecting citizens' rights and aligning with the intentions of the legislature and the spirit of the 2018 Constitutional Court judgment which supports personal cannabis use.

The complaints received by the SAHRC primarily revolve around wrongful and prolonged detentions. The Rastafarian community, in particular, has reported a noticeable increase in arrests during the festive season, with many detained individuals waiting days before a court appearance. These incidents cast doubt on whether the principles of the new law are being correctly implemented by law enforcement agencies.

In response, Commissioner Madlingozi revealed that the SAHRC has officially contacted the national Police Commissioner Fannie Masemola, emphasizing the need for adherence to both the constitutional judgment and legislative intentions. Furthermore, a meeting has been arranged for February with representatives from the criminal justice cluster and the cannabis community to further discuss and regulate the enactment of the act.

This proactive stance by the SAHRC underscores a broader move towards reforming cannabis laws in South Africa, a country grappling with issues surrounding drug use, policing, and human rights. It also reflects growing recognition of the Rastafarian community's rights and the need for their cultural and spiritual practices to be respected.

As South Africa continues to navigate the complexities of cannabis legalization, the actions of the SAHRC are a crucial step towards ensuring that the transition respects human rights and the rule of law.