Dagga ruling unclear
NO ONE doubts the recent Concourt decision to decriminalise the private growing and smoking of cannabis – or dagga as it is more commonly known – meets constitutional muster.
In fact, the decision by the highest court in the land upholds an earlier lower court’s ruling that found that criminalisation was unconstitutional.
Basically, the ruling means that the personal use of dagga is not a criminal offence.
It found that the country’s ban on dagga infringed on section 14 of the Constitution, which gives all citizens the right to privacy.
What has, however, become abundantly clear is that it is not a decision that has been warmly welcomed by all sectors of society.
For a start, faith organisations are not impressed. The Jamiatul Ulama in KZN, an organisation of Muslim theologians, contends that legalising such mind-altering drugs reflects poorly on a society claiming to be civilised.
Similar shows of disapproval come from leaders in the Christian and Jewish communities. The Hindu Maha Sabha says it is more a personal than a religious decision.
The Concourt ruling has also not found favour with the Minister of Police, Bheki Cele, who is concerned because he believes dagga is often an entry point to the use of other more dangerous drugs.
The fear among many people is that some youngsters may experiment by smoking dagga socially, but later graduate to dangerously addictive substances such as sugars, tik and whoonga.
The serious social problems caused by the use of such drugs in areas such as Chatsworth and Phoenix have been well documented – families have been torn apart and left destitute by this growing scourge.
There also appears to be disturbing uncertainties over how the ruling should be interpreted by police officials and prosecuting authorities.
The police minister himself has admitted that police are unsure of how to deal with people found in possession of dagga.
“Now, we do not know what we are supposed to arrest for, how many (dagga) plants you are allowed to cultivate at home, or whether we are supposed to move around with scales to weigh the dagga,” Cele is reported to have complained.
National Prosecuting Authority officials are also cautious, playing it safe by saying they will deal with each case on its merits.
What is needed are clear guidelines from Parliament in the coming months on how police officers, prosecutors and other judicial officials should interpret and implement this controversial ruling.
It clearly poses more questions than answers.