IMPORTANT DAGGA ARREST INFORMATION FOR EVERYBODY
PLEASE GIVE COPIES OF THIS BOOKLET TO THE POLICE
SOS HELPLINE 063-174-0938
SOS WEBFORM https://podio.com/webforms/17336590/1165744
DOWNLOAD AND PRINT COPIES OF THE CONSTITUTIONAL COURT JUDGEMENT HANDED DOWN IN SEPTEMBER 2018 AND THE POLICE DIRECTIVE ISSUED SOON AFTER. KEEP COPIES OF THESE TWO DOCUMENTS AT HOME AND IN YOUR CAR.
This is written for you… policeman, magistrate, dagga user, grower or trader. From the medical patient who depends on the plant for relief to the casual smoker, frail pensioners, gardeners, artists, students, prosecutors, nurses, everyone who uses, cultivates or trades in this plant. Many people from all walks of life are STILL arrested on Cannabis charges every day in South Africa. Don’t think that you’re immune or invincible. Nobody is immune to this pointless arrest fiasco.
KNOW YOUR RIGHTS BEFORE IT HAPPENS TO YOU.
FOR THE POLICE:
A person’s vehicle, home, bag and pockets are private spaces and cannot be searched without an original signed warrant shown beforehand.
According to case law, an officer cannot search someone’s person, house or car simply because they believe the person is “suspicious”. This simply will not hold up in court.
The Constitutional Court clarified the legal status of warrantless search and seizures on 27 July 2016 (Minister of Police and Others v Kunjana  ZACC 21) and found that these searches infringe on the right to privacy to a degree that cannot be justified, finding sections 11.1 (a) and (g) of the Drugs and Drug Trafficking Act unconstitutional.
Dealing CANNOT be assumed. The 18 Sept 2018 Constitutional Court ‘Privacy Judgement’ said “there will be cases where it will be difficult to tell whether the possession is for personal consumption or not. In the latter scenario a police officer should not arrest the person because in such a case it would be difficult to show beyond reasonable doubt later in court that that person’s possession of Cannabis was not for personal consumption”. …so the magistrate will throw the case out.
Dealing CANNOT be proved without an undercover operative, marked notes or photographic evidence. Several bags or jars stored together (even near cash!) is NORMAL and still does NOT imply dealing and will NOT hold up in court.
YOU CANNOT ASSUME DEALING JUST BY HOW MUCH DAGGA SOMEONE POSSESSES
Quantity DOES NOT MATTER and is a useless measuring stick. BE AWARE that the law that says more than 115g of Cannabis constitutes dealing has been deemed UNCONSTITUTIONAL in S v Bhulwana; S v Gwadiso 1996 (1) SA 388 (CC).