The Department of Justice and Constitutional Development has clarified that the new bill that allows the private use of cannabis in South Africa does not exclude members of the South African National Defence Force (SANDF). The department said that the bill would be unconstitutional if it discriminated against SANDF members, who have the same rights as other citizens.
The bill, known as the Cannabis for Private Purposes Bill, was introduced in August 2020 to regulate the cultivation, possession, and consumption of cannabis for personal use. The bill was a response to the 2018 Constitutional Court ruling that declared the prohibition of private cannabis use unconstitutional.
The bill states that adults can grow up to four cannabis plants and possess up to 600 grams of dried cannabis per person, or 1.2 kilograms per household, for their own consumption. The bill also sets the legal age for cannabis use at 18, and imposes penalties for selling, supplying, or smoking cannabis in public.
The bill does not specifically mention SANDF members, but it applies to all South Africans equally. The department said that the bill would not prohibit SANDF members from using cannabis in their private places, such as their living quarters, as long as they do not use it while on duty or in uniform.
Why did the SANDF raise concerns about the bill?
The SANDF raised concerns about the bill in a submission to the select committee on security and justice, which is currently deliberating on the bill. The SANDF argued that the bill would pose serious risks and challenges for the defence force, which has strict rules and standards for its members.
The SANDF said that cannabis use could impair the physical and mental abilities of its members, who have to perform demanding and dangerous tasks. The SANDF also said that cannabis use could compromise the discipline, integrity, and reputation of the defence force, which has to uphold the law and the constitution.
The SANDF suggested that the bill should exclude its members from the private use of cannabis, or at least limit it to those who are not on active duty or in service. The SANDF also asked for more clarity and guidance on how to deal with cannabis use within its premises, especially in the live-in quarters where members and their families reside.
How did the department and the public react to the SANDF’s concerns?
The department and the public reacted differently to the SANDF’s concerns. The department rejected the SANDF’s proposal to exclude its members from the bill, saying that it would violate their constitutional rights and freedoms. The department said that the SANDF could enforce its own policies and sanctions for cannabis use among its members, as long as they are reasonable and lawful.
The public, on the other hand, had mixed opinions on the SANDF’s concerns. Some people supported the SANDF’s stance, saying that cannabis use could impair the performance and professionalism of the defence force, and that it should be banned or restricted for its members. Others disagreed with the SANDF’s stance, saying that cannabis use could benefit the health and well-being of the defence force, and that it should be allowed or regulated for its members.
The select committee on security and justice said that it would consider all the submissions and feedback on the bill, and that it would continue its deliberations on the bill at its next meeting.
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