South Africa: Criminalising children for cannabis use unconstitutional – ConCourt

By Reeshni Chaslyn Chetty / The South African

A section in the drug trafficking act is inconsisten with the constitution

In a statement, the ConCourt stated that Section 4(b) of the Drug and Drug Trafficking Act was inconsistent with the Constitution due to it criminalising the use and/or possession of cannabis by a child.

The matter stems from a special review concerning four children who tested positive for cannabis during a school-sanctioned drug test. The children were brought before the Krugersdorp Magistrate’s Court and were ordered to undergo compulsory diversion programmes.

Later, it was revealed that all four children failed to comply with the conditions of the diversion programme. Probation officers from the Social Development Department recommended that the children be committed to a compulsory residential diversion programme for an unspecified period.