Smoking dagga has become decriminalised - for laaities.
This follows a landmark ruling in the Gauteng High Court which serves to protect the rights of children.
Judge Ingrid Opperman declared sections of the Drugs and Drug Trafficking Act unconstitutional and invalid where it criminalised the use or possession of zol by kids.
The judge, however, stressed that this was in efforts to keep the youth out of the criminal justice system, and that the court did not condone or encourage youngsters to possess or use dagga.
She also emphasised that the sale and supply of cannabis to children remains a criminal offence.
The issue arose when four children were arrested and brought before the Child Justice Court in Krugersdorp. They tested positive for the use of cannabis at school.
The question then followed whether the courts and the mang was the correct place to deal with these children and others in the same position.
The Centre for Child Law gave its input and argued that a more appropriate approach would be to deal with the child under the Children’s Act or the Prevention of and Treatment for Substance Abuse Act.
According to the centre, emphasis should rather be placed on treating children for drug dependency, rather than criminalising, incarcerating and punishing them.
Justice Minister Ronald Lamola, in his written submissions to the court, said there was evidence that busting laaities for smoking weed had a negative impact on them.
“The minister is of the view that the best interest of the child principle requires that a child orientated approach should be followed to deal with their drug abuse. These include drug awareness and educational programmes, drug prevention programmes, treatment and rehabilitation,” his statement said.
Meanwhile, Patrick Solomon of children rights group, Molo Songolo, has welcomed the judgement, saying: “What we’ve seen under South African law is that children are often unnecessarily penalised and marginalised because of certain kinds of behaviour and actions.”
He, however, said he discouraged all forms of smoking and that the focus should instead be on early intervention and intervention strategies.
“We do believe that we need to have effective programmes in place.
“A large number of our children do not have recreational activities, they live in under-resourced, overcrowded communities and access of marijuana and the use thereof becomes an alternative activity which they then become addicted to,” he said.