The South African Human Rights Commission (SAHRC)-led Rasta Round Table in Gauteng has made little headway in securing a commitment from law enforcement to halt cannabis-related arrests. While police representatives agreed to implement sensitivity training for officers, they maintained their legal right to conduct searches and seizures, frustrating Rastafarian leaders who viewed the discussions as mere formalities.
Rastafarians Leave Empty-Handed from Negotiations
The meeting, held in Boksburg, Gauteng, aimed to address ongoing grievances from the Rastafarian community regarding cannabis-related arrests. Despite numerous testimonies highlighting alleged police overreach, representatives from the South African Police Service (SAPS) and the National Prosecuting Authority (NPA) refused to commit to ending such actions.
The SAHRC initiated the discussions following mounting complaints from Rastafarian communities across the country, arguing that frequent cannabis arrests constituted a systemic violation of constitutional rights. In January 2025, a SAHRC report officially recognized the Rastafari community as an Equality Focal Area (EFA), suggesting that they deserved tailored legal considerations.
Evidence of Systematic Harassment Presented to Police
During the Round Table, numerous speakers from the Rastafari community detailed personal experiences of police harassment. Reports indicated that up to 75% of cannabis-related arrests never progressed to prosecution, suggesting that law enforcement was using these arrests to meet quotas rather than uphold justice.
Brigadier SS Ngele from SAPS Head Office in Pretoria acknowledged the legal ambiguity surrounding cannabis laws, which left officers with significant discretion in making arrests. While he conceded that some officers needed sensitivity training, he insisted that police were legally obligated to act on information regarding Schedule A offenses or potential threats to public safety.
The NPA also admitted that cannabis-related prosecutions were rare, as most cases relied heavily on circumstantial evidence. This raised questions about the necessity of ongoing arrests.
Gareth Prince: Government Lacks Genuine Commitment
Following the meeting, SA Cannabis Development Council chairperson Gareth Prince expressed skepticism about the government’s intentions. While he welcomed engagement with law enforcement, he dismissed their participation as “window dressing” intended to justify questionable conduct against the Rastafarian community.
Prince criticized the absence of key government entities, such as the Department of Trade, Industry and Competition (DTIC), from the discussions. He also lamented the lack of consultation with the Rastafarian community on the commercial regulation of cannabis. According to Prince, empowering legacy farmers with indigenous cannabis strains could significantly contribute to sustainable economic growth in South Africa, yet government support remained lacking.
He further criticized the state’s failure to respond to proposals for community-driven projects, such as a biofuels initiative submitted to the DTIC.
Cannabis for Private Purposes Act Deemed Inadequate
At the Round Table, Prince and legal expert Advocate Mandla Mkhwanazi identified major flaws in the Cannabis for Private Purposes Act, 2024. Prince described the legislation as “out of touch with reality” and criticized its lack of comprehensive stakeholder consultation.
“When drafting laws, they must be interdependent, interconnected, and interrelated,” Prince argued, pointing out that stakeholders were merely invited to comment on the Act rather than being involved in its development. He emphasized that government engagement should follow four essential steps: informing, consulting, involving, and providing feedback—none of which had been properly executed.
Prince also noted that the government’s use of English-only online platforms to notify cannabis stakeholders was an exclusionary practice that failed to reach rural communities.
A Call for Constructive Dialogue, Not Legal Battles
Despite their frustrations, Rastafarian representatives stated they had no plans to challenge the Cannabis Act in court. Instead, they emphasized negotiation as the preferred path forward.
“We will walk and work with the government,” Prince affirmed, stressing that legal action should remain a last resort.
Currently, the Cannabis Act remains in limbo, awaiting further regulations from the Department of Justice, including provisions on home cultivation limits and the expungement of criminal records related to cannabis offenses.
The SAHRC acknowledged that greater progress could have been made at the Round Table but reserved official comments pending a full report based on stakeholder input.
Key Issues Raised at the Rasta Round Table
- Unlawful Arrests: Rastafarians reported profiling, unwarranted house searches, and intrusive body searches.
- Regulatory Framework: Calls were made for the Constitution to serve as the guiding principle in cannabis regulations.
- Commercialization: Advocates emphasized the importance of incorporating Indigenous Knowledge Systems (IKS) into ethical cannabis commercialization.
- Education Rights: Concerns were raised about the rights of Rastafarian children in schools.
- Land Rights: Given their plant-based dietary practices, Rastafarians argued for fair access to land for cultivation.
As the cannabis debate continues, the Rastafarian community remains determined to push for fairer treatment under the law while advocating for meaningful reforms in South Africa’s cannabis policies.