18/09/2019
A YEAR SINCE DAGGA HAS BEEN LEGALISED IN SOUTH AFRICA-EXPUGEMENT OF RECORDS
- Article By:
Katlego Sebe (LLB – NWU)
18 September 2019
Today marks exactly a year since Deputy Chief Justice Raymond Zondo paused the State Capture proceedings to deliver judgment in the matter of Minister of Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others [2018] ZACC 30 (“the Dagga Judgment”).
It was conceded that Sections 4(b) and 5(b) of the Drugs and Drug Trafficking Act 140 of 1992, read with Part III of Schedule 2 of that Act and Section 22 A(9)(a)(1) of the Medicines and Related Substances Control Act 101 of 1965 are inconsistent with Section 14 of the Constitution to the extent that they criminalise the use, possession in private or cultivation in a private place of cannabis by an adult for his or her own personal consumption in private.
Since this judgment has been handed down, there has been uncertainty and calamity in the public sphere. Whilst many welcomed the decriminalisation, a large number of our people still do not understand. Below are a list of things to consider about the dagga judgment:
• The personal use of cannabis is not a criminal offence, nor is the cultivation or possession of it in your private dwelling;
• It remains illegal to deal in cannabis, sell it to others or smoke it outside your own home;
• Only adults may use, possess or cultivate cannabis in their own private dwelling; and
• The judgment does not apply retrospectively but prospectively.
It goes without saying that one cannot use or possess cannabis outside his private dwelling moreover, you must be an adult to be able to use, possess or cultivate cannabis.
It would seem that an increasing number of educators are experiencing a problem with pupils thinking they now have full rights to smoke cannabis within school premises as “dagga is now legal”. In the same breath, many employers have experienced difficulties with employees reporting for duty whilst high on cannabis and presenting the argument that “dagga is now legal”. We plead with the public to not abuse the dagga judgment and furthermore, to stick strictly to what the Constitutional Court intended when it delivered this judgment. Employers will most certainly still maintain the “Zero-Tolerance” principle on drugs whilst on duty. Similarly, educators also have full rights to discipline pupils who use and possess cannabis on school premises.
Many of our youth already have previous conviction(s) for the possession of dagga and our society has become a society of convicts due to the high conviction rate in dagga matters. As mentioned hereinbefore, the judgment applies prospectively and not retrospectively. Whilst many organisations are calling for the expungement criminal records attached to dagga matters, your criminal conviction will not simply be erased because dagga is now legal. One needs to apply for expungement of their criminal records. For more information of how to expunge your criminal record, we invite you to tune in to Motsweding FM on 18 September 2019 between 22H20 and 22H50 and listen to our venerable brother Mr. Ntsie of Ntsie Attorney as he will be educating on public airwaves on “Clearing Criminal Records”.
