Activist argue that legislation around the criminalisation of drug use is outdated and requires a humanitarian revisit.
Image for illustrative purposes. Picture: iStock
Less than one in six people prosecuted for drug-related crimes in the last three years have gone on to be convicted.
Additionally, just under half of drug-related cases enrolled by the National Prosecuting Authority (NPA) in the last three years have been withdrawn.
A group promoting the decriminalisation of drug use and possession for personal use have since called for a shift in the way drug use is viewed by the legal system.
Drug quantities ‘trivial’
The stats on drug-related prosecutions were presented by the justice and constitutional development ministry in a written response to a parliamentary question.
The data showed that 87 867 cases were enrolled by the NPA for drug-related offences in the last three financial years.
Of the over 80 000 enrolments, only 13 234 cases resulted in a successful prosecution.
The ministry stated that 41 524 drug-related cases had been withdrawn in the same period.
The Western Cape accounted for a quarter of the withdrawn cases – 23 125.
However, only 602 were discharged under section 174 of the Criminal Procedure Act, which deals, in part, with the prosecution’s duty to provide sufficient evidence.
The justice ministry stated that the NPA did not keep stats on arrests or the reason for the withdrawals, as that was the role of the South African Police Service (Saps).
Commenting on cases relating to the Western Cape, the police ministry, in its own written parliamentary response, addressed why arrests did not translate into convictions.
“No cases were withdrawn as a result of poor investigative work, incomplete dockets, failure to appear in court, or any other lapses on the part of the Saps.
“The dockets were withdrawn by prosecutors on the basis that, in their opinion, the quantities of drugs involved rendered the matters trivial,” the police ministry stated.
‘Be serious about what actually works’
Multiple activist groups pushing for the decriminalisation of drug use and possession recently united under one banner: Vusubuntu Coalition.
Vusubuntu stressed that decriminalisation did not equal legalisation, nor did the coalition advocate for “drugs on shop shelves”, but wanted drug-use treated as a social matter.
This approach would centre around alternatives to prosecution; including community-based referral pathways, expungement pathways for people with previous minor convictions, prosecutor-led diversions and restorative and social support options, among a host of others.
“The point is not to be soft on crime. The point is to be serious about what actually works. The current approach is criminalising people, evidently clogging the justice system, and still failing to reduce harm.
“A smarter approach would reserve prosecution for serious organised crime and exploitation, while moving personal use and possession into health and social systems,” Vusubuntu spokesperson Charity Monareng told The Citizen.
While marijuana has been mostly decriminalised, Monareng said the matter was not about which substance, but treating the societal implications of drug use.
“Our position is that the use and possession of drugs for personal use should not be criminalised, regardless of the substance.
“The key distinction is between personal use and conduct that causes broader social harm. Possession for personal use should be removed from the criminal justice system and addressed through health, social and community-based responses where needed,” Monareng added.
Consuming resources ‘without delivering safety’
Charne Roberts from the South African Network of People who Use Drugs (Sanpud) stated the coalition’s purpose was to advocate for a more humanitarian stance towards recreational drug use.
“People who use drugs are our sons and daughters, parents, partners, friends and neighbours. They deserve care, compassion and the chance to live healthy and meaningful lives.
“The coalition brings people together to build solutions that strengthen families, protect human rights and create safer and more inclusive communities,” Roberts explained.
Lawyers for Human Rights representative Nyeleti Baloyi argued that South Africa had a constitutional duty to address drug laws that were legislated in a racialised context.
“The Constitution requires that laws which infringe privacy, dignity, equality and access to healthcare be revisited.
“Decriminalisation of personal use is the logical extension of the Constitutional Court’s jurisprudence,” stated Baloyi.
Monareng also questioned whether existing laws were still fit for purpose, calling for a society-wide review.
“We would like to see government establish an expert-led process involving public health experts, people who use drugs, legal practitioners, researchers, prosecutors, police, civil society and affected communities,”
“The recent figures showing that tens of thousands of drug-related cases are withdrawn after enrolment confirm that the current system is not working.
“It is consuming police, court and prosecutorial resources without delivering safety, treatment or justice,” Monareng concluded.
