# summary

- Link: https://dearsouthafrica.co.za/dadtbill/summary/
- Published: 2022-09-13T14:14:04+02:00
- Author: dearSA

[ Have your say on the draft Bill](https://dearsouthafrica.co.za/dadtbill/)

List of substances

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Memorandum of objects (summary)

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### Articles of interest

 * Cannabiz-Africa – [CANNABIS INDUSTRY BREAKING NEWS](https://www.cannabiz-africa.com/news-4/unbelievable!-cannabis-still-in-new-drugs-trafficking-bill%3A-public-comment-open-until-16-sept-2022)

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Parliament’s Justice and Correctional Services Portfolio Committee has invited the
public to comment on the New Drugs and Drug Trafficking Amendment Bill of 2022, 
but says all submissions must be in by 16 September 2022.
 [_Brett Hilton-Barber/Cannabiz Africa_](https://www.cannabiz-africa.com/news-4/unbelievable!-cannabis-still-in-new-drugs-trafficking-bill%3A-public-comment-open-until-16-sept-2022)
_5 September 2022 at 12:00:00_

The Justice and Correctional Services Portfoio Committee decided on Friday, 2 September
2022 that it would open up the controversial Drugs and Drug Trafficking Amendment
Bill of 2022 for public comment but that it would shrink the time available from
three to two weeks. This is in order to try and get the Bill into law within the
deadline given to Parliament by Concourt which found the bill to be constitutionally
defective. The two year deadline lapses in December 2020 – and public hearings will
take place once comment has been received before MP’s can draft the final Bill.

Now the public has just 12 days to comment on what is one of the country’s most 
profound pieces of legislation given the alarming increase in substance abuse, particularly
among youngsters, and Government’s stated desire to regulate the commercial trade
in cannabis. Given the explosion of new synthetic drug compounds into the illegal
market in recent years, MP’s wanted to know how comprehensive the list was, and 
were alarmed to hear that there had been no input into the Ammendment by either 
SAHPRA or the Department of Health.

They were even more alarmed by the consequences of not getting the Bill passed in
time as that could theoretically open up the way for legal dealing in certain hard
drugs by the middle of December.

There were over 2 300 submissions to the Cannabis for Private Purposes Bill which
is still due to be retabled in Parliament and passed into law this year. This Bill
is two years overdue it’s original Concourt deadline.

State lawmakers are not thinking straight and need your help. Please read the new
Drug Trafficking Amendments HERE and then mail your considered comments to the Committee
secretary, V Ramaano at Drugsbill@parliament.gov.za by no later than the close of
business on Friday, 16 September 2022.

The most controversial aspect to the Amendment is the continued criminalization 
of cannabis and cannabis-related substances in Schedule 2 of the proposed Act. This
has been identified by Government and private sector stakeholders as the biggest
impediment to enabling a regulated cannabis economy to get off the ground. What’s
even more astounding is that state regulators had dropped cannabis from Schedule
2 in their early deliberations, and then re-inserted it in order to “maintain the
status quo”.

Deputy Justice Minister John Jeffrey says he’s taken up the matter with the DoJ’s
Director General as he revealed that he had no authority over state law drafters
and was uncertain as to whose instruction they were taking.

The other disturbing part of the new Bill is that MP’s admitted they had no idea
what many of the substances listed in the Schedules actually were. One MP asked 
whether the Ministry of Health had made any input as to what drugs it wanted included
or excluded to which Jeffery said that he believed the last time Health gave any
input was in 1992 when the original Drugs Trafficking Act was passed.

The 1992 Act was used by Judge Hayley Slinger of the Western Cape High Court in 
dismissing the Haze Club’s application to have the legality of private grow clubs
recognized. Judge Slinger was of the view that while the Drugs Act was in place,
the grow club model was illegal until such time as Parliament passed new laws enabling
this.

### STATEMENTS FROM OTHER ORGANISATIONS

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 Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/dadtbill/summary/ DaDT@dearsouthafrica.co.za?subject=org info for DaDT info page)

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### Cape Independence Advocacy Group

### Dear Speaker,

I am writing to you on behalf of the Cape Independence Advocacy Group (CIAG) and
the seventy thousand South Africans who actively follow our work.

We wish to comment on the ‘Electoral Commissions Amendment Act, 2021’, which is 
proposed by the Democratic Alliance (DA) and was published in the Government Gazette
on 21 June 2021.

Given our mandate, our comments are made in the context of the Western Cape, although
we appreciate and respect that the constitutional rights enacted through this bill
will rightfully apply to all provinces.

This bill is essential to restoring some degree of functional democracy to the voters
of the Western Cape and we therefore unreservedly and wholeheartedly endorse it.

Through their voting behaviour, Western Cape voters have made it abundantly clear
that they do not endorse many of the policy and ideological positions of the South
African national government, but are left utterly powerless to resist them because
the voters in other South African provinces, who greatly outnumber them, hold starkly
different ideological and political opinions.

In terms of seeing their democratic will enacted, for the majority of Western Cape
voters, the democratic era has not offered much of an improvement over the apartheid
era. It is a statistical fact that, since 1994, the majority of Western Cape voters
have never been governed by the political party they voted for, and they have no
foreseeable prospect of ever being governed by the party they vote for. As such,
they cannot be said to have functional democracy.

One of the few glimmers of democratic hope Western Cape voters do have, is the provision
of Clause 127(2)(f) of the national constitution, and 37(2)(f) of the Western Cape
constitution, which allows them, at the discretion of the premier who they elected,
to have their voices heard on matters which are important to them, without being
drowned out by a national majority who fundamentally hold different views.

To deny Western Cape voters this constitutional right would be a very serious infringement
of their political rights and freedoms, and would be a clear indication that parliament
and the national government are not interested in the constitutional rights and 
democratic wishes of Western Cape voters.

We therefore call upon parliament to pass this bill at the earliest opportunity,
and without objection.

Yours Faithfully

**Phil Craig
 
(On behalf of the Cape Independence Advocacy Group)
