Category Archives: Dagga News

Dagga News

Port Shepstone Crime Intelligence Unit Targets Young Adult Daggafarians

Two men were stripped of their rights for being in possession of dagga instead of the receipts for the clothes on their back, the shoes on their feet or the property they had on them in Umzumbe recently.

Warrant Officer Christo Mostert from Port Shepstone Crime Intelligence and Officer Devlyn Abbott from Hibiscus Coast Municipality’s Law Enforcement department were routinely conducting “special operations”, probably eating doughnuts, when Sibani Phila Hlophe (21) and Maxwell Maduna (23) came walking in their direction.

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Hlophe was found to be in possession of  a cellphone and two laptops, for which he could not provide the receipts.

Maduna was found in possession of dagga weighing 34 grams. He was arrested and charged, and paid an admission of guilt fine and he now has a criminal record for the possession of dagga.

Hlophe appeared in the Port Shepstone Magistrate’s Court where the case was postponed to the 7th of November for bail application. The officer investigating the matter is Detective Warrant Officer Marc John.

Parents calm aggressive child with dagga

The parents say their child abused them severely, but since they have been buying him dagga he has become humble.

I was driving to the community on high alert, scanning the surroundings for signs of popo or road blocks, knowing I will be a “criminal” for being in possesion of a little bit of holy herb on my way back to town.

There were a number of cars in front of the house as I pulled up a customer got in his car. I then got out and made my way through the gate and as I look up to the door I saw a man in a blue uniform, I turned icy-cold instantly, I wasted no time getting in my car.

As I drove down the street, the previous customer made a u-turn, at the intersection and was heading back towards me.

He pulls up to me and asks “Hi, Why didn’t you buy because of the traffic?” I replied in a sigh of relief: “Yes, I thought is might be the police.”

“Was he buying?” I asked curiously. He then confirmed my suspicion and asked if I did not have rolling paper for him. Luckily I had some OCB rolling papers I bought for a rolling paper review article and I gave him a single blade.

The daggafarian traffic officer drove passed me as I made a u-turn.

At the snyman’s house I waited some time as he was already busy fetching another clients parcel. I started up a conversation with the customer. I told him about the injustice of dagga law, comparing the ten year sentence received by the Durban 5 to the 5 year sentence given to Oscar. He agreed about the injustice as the snyman brought his parcel.

The snyman gave his customer a poke and then we started up a conversation.

“I really need my medication” I told him, and it is with this statement that he told me about this child who abuses his parents.

The snyman says: “The parents have tried everything and nothing could help stop the fits of rage.”

“Since the child has been using dagga, his parents buy for him, he has become humble. Very peaceful. He does not abuse his parents anymore.” The snyman added.

By the time we concluded our conversation we had covered many topics.

He gave me my medicine and I drove off smiling.

The Day The Constitution Died

The Constitution of South Africa dies every time someone is arrested and prosecuted for dagga.

Many South Africans, who value the prohibitionist approach to drugs, might be bewildered by such a statement but the reality is that the Constitution of South Africa fails to protect several rights that are violated by the Drug & Trafficking Act No. 140 of 1992 and by those upholding old laws that stem from segregation and racism.

Dagga laws are justified in accordance to the limitation of rights contained in the Bill of Rights in Chapter 2 of the South African Constitution.

“The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.

Limitation of rights
The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including-

A. the nature of the right;

B. the importance of the purpose of the limitation;

C. the nature and extent of the limitation;

D. the relation between the limitation and its purpose;

E. and less restrictive means to achieve the purpose.

Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights. “

Let us review dagga law using the guidelines for the limitation of rights as contained in the Bill of Rights.

The opening statement makes it very clear that any limitation of rights must be based on human dignity, equality, freedom, must be justifiable in an open democratic society and all relevant information must be considered as well as the following:

A. the nature of the right; The Drug & Trafficking Act No. 140 of 1992 and the enforcement of the act limits most rights on the bill of rights by criminalising the possession of dagga. From human dignity to privacy and everything in between. Most importantly the right to privacy and freedom. State experts argue that the main goal of dagga law is to protect South Africa citizens from the potential harms from dagga.

B. the importance of the purpose of the limitation; How important is it to limit society’s exposure to dagga. How important is it to uphold unjust dagga laws and for what purpose?

The state may argue that, in relation to dagga, the limitation of rights are justified to protect society from the potential harms and abuse of dagga.

In light of this methodology: Why is alcohol and sugar legal? Even James Wilmot from the Democratic Alliance recently stated in an interview on SABC Newsroom with Eben Jansen that dagga is not nearly as harmful as they previously thought.

Conclusion – It is very easy to justify the purpose of the limitation of rights, in relation to dagga, if you disregard scientific fact in favour of propaganda.

C. the nature and extent of the limitation; The limitation is far reaching and the impact to society is debilitating, by criminalising the possession of dagga and severely punishing otherwise law-abiding citizens.

D. the relation between the limitation and its purpose; The goal sought by the limitation of rights, in regards to dagga, is to protect children and society from dagga.

However under the enforcement of the Drug & Trafficking Act dagga is unregulated and is sold in schools.

E. and less restrictive means to achieve the purpose. First of all you need to understand that the limitation of rights, giving power to the Drug & Trafficking Act, does not achieve the purpose that was intended with the Act’s enactment.

Contrary to what you might expect and depending on the perspective the issue of “dagga rights” are viewed from one can determine that the answer is not less restriction but rather more regulation to control dagga in a similar manner as alcohol.

Win-win; Regulation would give freedom and dagga rights to daggafarians while also offering more protection to minors in regard to early exposure to dagga as is the case with it being a common item in schools.

SA Human Rights Commission’s final comment on dagga rights
Recently the South African Human Rights Commission has closed a case lodged on behalf of all cannabis using citizens in South Africa.

The complaint sought the immediate protection from prosecution under unjust dagga laws for all daggafarians.

Although the Commision agreed with many aspects contained in the complaint, the Commission simply stated that they can do nothing because:

“The Commission does not have the power to invalidate a law”

This is alarming. Think about it for a moment.

What if the Immorality Act No. 5 of 1927 was still in effect today?

Would the limitation of rights and the fact that the act is law justify the enforcement and rights violations of this unjust law?

There is no difference between the injustice of a law that criminalises people for having an interracial relationship and a law that criminalises people for making a safer choice by choosing dagga.

Facebook Gives DEA A Hiding For Fake Profiles

As a daggafarian in South Africa you are exposed to an illegal unregulated market which is a direct result of legislation that feels nothing for you or the healthy choices you decide upon. Your government is spending a very large budget on a war and you are the enemy.

I do not need to tell you about the gory details of the war on dagga. There is a large probability that these unjust laws have effected your life in some way. You might yet have to realise how.

Please be vigilant, be aware and never be affraid to do the right thing.

Recently Facebook sent a letter to the Drug Enforcement Agency to let them know they are in violation of Facebook policies.

“Facebook has long made clear that law enforcement authorities are subject to these policies,” Sullivan wrote. “We regard DEA’s conduct to be a knowing and serious breach of Facebook’s terms and policies.”

Facebook stated they want confirmation that the DEA will halt using fake Facebook accounts in its operations.

This letter follows shortly after an incident where a woman from New York, Sondra Arquiett, sued the DEA for using her name and private data on a fake facebook profile as part of their drug-law enforcement operations.

The DEA has retaliated to the letter by saying the agent responsible did so in his private capacity and the agency does not accept liability for his actions.

South Africans can only speculate whether the South African Police or Hawks use fake Facebook profiles in their own drug enforcement operations, but it is probably best if you assume they do.

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Worker Assaulted And Fired For Smoking Dagga

“I have a child of four months, I don’t know how I will be able to support my family now” said the emotional worker who claim he was assaulted and then fired by his employer.

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According to the worker his colleagues made it extremely hard for him at work since he saw them steal from the employer.

“I rather said nothing about the theft, I was scared as I didn’t know what they would do, they are very dangerous people” he added.

The worker claim his colleagues went to the manager to report that he had smoked dagga on the premises.

He was then confronted by the manager.

“At first I wanted to dismiss the claim, I felt obligated to speak the truth because these colleagues gave me dagga before, I then confessed and told him the truth, I did smoke dagga.

I tried to reason with the manager and tried to explain about the colleagues who stole from the business, but he didn’t want to hear any of it, he then started hitting me.” the worker said.

According to police spokesperson Mpho Manyoba the man claimed that he was assualted with a blunt object that left him with a fractured arm.

Manyoba confirmed that a case of assault with the intent to cause grievous bodily harm has been opened and is under investigation.

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