The South African Human Rights Commission (SAHRC) has raised concerns that the South African Police Service (SAPS) is still arresting cannabis users, despite a directive to stop. This comes after the Cannabis for Private Purposes Act was passed in May this year, which aimed to clarify the laws surrounding cannabis use.
The SAHRC has received numerous complaints about wrongful arrests, prompting them to urge the national police commissioner to remind SAPS officers to refrain from making cannabis-related arrests that may lead to human rights violations. Commissioner Tshepo Madlingozi emphasized the need for SAPS to abide by the spirit of the 2018 Constitutional Court judgment and the intention of the legislature.
Cannabis advocate Gareth Prince criticized the police for breaking the law by arresting people for possession and use of cannabis. He highlighted the 2018 Constitutional Court judgment that declared cannabis laws unlawful and racist, yet the police have failed to change their attitude towards cannabis users.
In response to the ongoing issues, the SAHRC will meet with criminal justice cluster officials in February next year to discuss regulating the act. Meanwhile, a directive issued by SAPS in August 2023 explicitly states that no arrests should be made for personal and private cultivation and/or possession of cannabis.
The directive also provides guidelines for SAPS officers, emphasizing the need to consult with the prosecuting authority before making any cannabis-related arrests. Additionally, it acknowledges the gap in legislation and the risk of legal challenges for unlawful detention.
