‘weaponised’ arrests
he did not want to sleep in the cells and appear in a magistrate’s court the following day.
“I had to go to work, so I could not risk my employer finding out that I was arrested, especially on drug possession charges.
“What I did not know was that paying the fine would result in a criminal record,” said Spanner, who works as a mechanic at a garage in Alberton.
“Five years later, my bosses have no idea that I have a criminal record, so I am very happy that parliament passed the bill. I hope the president signs it into law as soon as he can, so the dark cloud hanging over my head is removed,” Spanner added.
Despite the 2018 judgment stating that dagga arrests should be stayed until parliament rectified the unconstitutional laws, police have continued to arrest people found with cannabis in their homes, according to a Fields of Green for All report from February last year.
In the report, the organisation accuses the police of violating court orders in order to continue their “abuse” of cannabis smokers.
“It is once again clear that the SAPS [South African Police Service] do not respect the constitution or the government, they do not follow the law, let alone their own directives or circulars, and they don’t respect any South African citizen’s human rights,” it said.
Those arrested included 21-year-old Dwayne Welgemoed from Lambert’s Bay in Western Cape, who was caught with 130 cannabis plants in various stages of growth and four buds in the flower. He was held in December 2022.
“We do not sell nor support any unlawful use of cannabis in any way. We use cannabis solely for recreational use,” the report quoted Welgemoed as saying.
“The police confiscated all of our plants without showing a warrant or giving a reason why they were there.
“The police said they needed someone to go to the police station so I went with them without resisting. They charged me for cultivating cannabis,” he added.
In September last year, national police commissioner Fannie Masemola, realising that police could face legal action for unlawful arrests for dagga possession, issued a directive to all officers to stop the practice.
“Since there is no definition or quantification of the concept of ‘personal consumption’ [in the 2018 judgment], the South African Police Services is at risk if they arrest a person for possession, use or cultivation and such matter is not enrolled, struck off the roll, or otherwise does not result in prosecution. This exposes the SAPS to civil claims for unlawful arrest and detention,” Masemola said.
He added that arrests should be the last resort when officers suspect someone of dealing and that the suspects should be “treated with dignity and in compliance of the prescripts laid down by the law”.
“Before arresting alleged cannabis offenders and the seizure of their property proceeds, members of the SAPS should liaise with the prosecuting authority, where possible, to determine whether the matter will be enrolled and prosecuted. It is also advisable to obtain a search and seizure warrant beforehand [and] before such operations are conducted,” the police commissioner said.
Taking another long drag on his joint, Seele said Masemola’s directive meant he could relax and enjoy dagga without risking an unwanted visit from police officers.
“I once burnt my leather couch trying to put out my joint after my cousin imitated the rough voice of a cop when coming towards the kitchen door, saying I am under arrest,” he reminisced with a laugh.
“The paranoia got me there. Now I can be paranoid in peace.”