GOOD NEWS FOR DAGGA DEALERS HELD IN SA

MBABANE – In what could come as good news for local illegal dagga growers, South Africa is on the brink of making a law that would expunge criminal records for dagga offenders nabbed in the neighbouring country. 

The South Africa Cabinet has approved the submission of the Cannabis for Private Purposes Bill of 2020 to Parliament for processing.

The Bill regulates the use and possession of cannabis and the cultivation of cannabis plants by an adult for personal use.

According to The Citizen, a South African publication, the Bill will have to face parliamentary consideration and a public consultation process before being signed into law.

The Bill proposes the ‘automatic’ expungement of one’s criminal record if they have been convicted of using or being in possession of dagga. 

This means emaSwati, whose biggest dagga market is South Africa, will not be haunted by a criminal record when convicted of dagga dealings in the neighbouring country. 

Convicted 

Those who were previously convicted of dagga-related offences can apply to have their criminal records wiped out as incorporated in Section 8 (c) and Subsection 2 of the Bill, should it be passed into law.

 It states that any law of the former Republics of Transkei, Bophuthatswana, Ciskei or Venda, or of any former self-governing territory, as provided for in the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), before the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), that criminalised the use or possession of cannabis (dagga), the criminal record, containing the conviction and sentence in question, of that person in respect of that offence, must be expunged automatically by the Criminal Record Centre of the South African Police Service.

Subsection 2 of the Bill states that where the criminal record of a person referred to in Subsection (1) has not been expunged automatically as provided for in that subsection, the criminal record of that person must, on his or her written application to the Director-General: Justice and Constitutional Development, in the prescribed form and manner, be expunged.

In an interview with one of the local dagga growers, who spoke on condition of anonymity, he said the Bill had been long overdue because; “We are not criminals but we are forced by circumstances to deal in dagga growing and trade. Eswatini is one of the countries with a high unemployment rate, particularly among the youth and resorting to dagga dealing is not stubbornness but means to earn a living and cater for our families.” 

Opportunities 

“Government, through its agents in the police, are quick to form operations that target dagga growers and they destroy our product but the same energy channelled into wiping out the herb is not converted into availing job opportunities for the youth. It is so unfortunate that we live in a country whose government is not concerned about the high big numbers of unemployed young people who then resort to illegal activities to make ends meet. We are cognisant of the fact that dagga dealing is illegal but we have limited options to make a living. Good work by the South African legislators for crafting the Cannabis Bill. May it be passed into a law,” said the dagga dealer. 

 Another dagga dealer, who also spoke on condition of anonymity, said he was once convicted in SA of dagga possession, which was obvious to the police that it was for commercial purposes. 

He said he was still being haunted by the criminal record attained in a foreign country and this came as good news to him as he would seize the opportunity to go and have it expunged. 

“It would be premature to celebrate for now because it has not yet been passed into a law but having been blessed by Cabinet, there are high chances that it would be given the green light in Parliament,” he submitted. 

Traffickers

 “The issue of dagga is also a challenge in that the youth, including those of school-going age are involved either as growers, traffickers, or dealers as well as users of the drug. Young people should be shielded from such shenanigans as they are the embodiment of the country’s future,” said the police in their performance report for the period April 1, 2019 to January 31, 2020.

The report further reads that there were five murder cases related to drug wars in the country. At least 2 702 suspects were arrested in connection with dagga and 147 of these suspects were foreign nationals from the Republic of South Africa, Mozambique, Botswana, Lesotho, Nigeria, Zimbabwe and Tanzania. 

Our sister publication, Eswatini News, recently reported that police destroyed 276 hectares of dagga that could fetch E12 billion during raids that have lasted three weeks in countryside communities. 

Last year, Green Entrepreneur reported that Africa had the potential to become an enormous cannabis market due to the large population and favourable climate that makes growing weed easier than in neighbouring Europe. 

A report by Prohibition Partners suggested that by 2023, the African cannabis market could reach E29.5 billion.

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