The Centre for Child Law has brought an application before the Constitutional Court for the confirmation of an order granted by the Gauteng High Court Local Division declaring a section of the Drugs and Drug Trafficking Act unconstitutional since it criminalises the use and/or possession of cannabis by a child.
Lithalethemba Stwayi, an attorney with the Centre for Child Law , said in her founding affidavit that it is vitally important to stress, at the outset, and for the avoidance of doubt, that this matter does not concern whether or not children should be allowed to use and/or possess cannabis – rather it deals exclusively with the appropriate response to such behaviour.
The children were then referred to the Department of Social Development and assessed by probation officers. A recommendation was that the children be subjected to a compulsory residential diversion programme for an unspecified period. Pending the competition of the law reform process to correct the constitutional defects set out, no child may be arrested and/or prosecuted and/or diverted for contravening the impugned provision;
South Africa has ratified the International Covenant on Civil and Political Rights, 1966 and the United Nations Convention on the Rights of the Child, 1989, in respect of international law, and the African Charter on Human Rights and People’s Rights, 1981. Minister of Social Development Lindiwe Zulu, in her submission, took the position that prevention, treatment, rehabilitation and reintegration programmes are more appropriate, efficient and less-restrictive means of addressing substance abuse among children.
She also highlights that Section 8A of the Schools Act is of crucial importance, which provides that no criminal proceedings may be instituted by the school against a pupil who has tested positive in respect of a drug test conducted in terms of subsection . Cele is of the view that the high court was correct in declaring Section 4 of the Drugs Act constitutionally invalid to the extent that it criminalises the possession and/or use of cannabis in small quantities by children.
A failed State fallling into a black hole..ANCfailedState
Evidence that they DO want to destroy the youth's future. Greedy bastards.
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