GEORGE NEWS - A dagga bust on Friday 16 February ended in violence when community members from the Conville area in George pelted law enforcement officers with stones.

Anger at the police brimmed over in the afternoon following the failed confiscation of a few dagga trees at a house in Makou Street earlier the day. 

Two Conville police officers, acting on a tip-off, had left empty-handed after the owner refused to let his precious trees go.

The owner, Danwill Mingo (34), a member of the extensive local Rastafari community, arrived at his home with three friends after his wife reached him by phone. 

He allegedly opened the back door of the police van to reclaim his plants, which led to a scuffle with the police. 

"They had no right to confiscate my plants. There was no search warrant. It is my constitutional right, it is not against the law. They didn't want to give it back, but I took it anyway," he said.

Outnumbered and fearing the situation would turn violent, the police officers left the scene.

Southern Cape police spokesperson, Captain Malcolm Pojie, says the officers were within their mandate and in some cases, like this one, there is no need for a warrant.

Later that afternoon local police officers, members of the Eden Cluster Crime Combating Team (CCCT), the public order policing (Pops) unit and members of the local crime prevention unit (CPU) returned to the area and confiscated about 20 trees and 10 "bankies" from a house in nearby Kokkewiet Street.

The dagga trees confiscated from the house in Kokkewiet Street.

During the afternoon raid five people, including a 70-year-old woman, Mingo, his friend Luvuyo Nyoka (32) and two other men who were also involved in the earlier raid in Makou Street, were arrested. 

The elderly woman, the owner of the house, was arrested for the cultivation of dagga and the four men on charges of assault and public violence.

During the arrests, community members allegedly became violent, shouting, protesting and throwing stones and other objects at the police. 

Law enforcement officials retaliated by shooting rubber bullets and stun grenades to disperse the crowd.

Members of the Rastafari community say they were manhandled and treated unfairly by the police. 

"I feel that the police are targeting us. The way they raid our houses, brutalising us for no reason. 

"We feel like we don't have any rights in this new South Africa. Ganja is part of our heritage, culture and religion," Nyoka told the George Herald earlier this week.

Understanding legislation around dagga
The use of dagga for personal use remains a violation in terms of the law. Judge Davis’s court ruling last year clearly states that there will be a process of about two years before personal use will be legalised. 

The declaration made by the High Court was suspended for a period of 24 months from the date of judgement on 31 March in order for Parliament to correct the defects as set out in the judgement. 

The court made an interim order regarding a deemed defence in such matters, pending the proposed amendment of the legislation, but should the matter be appealed, the interim relief is not enforceable. 

The judgement, before it can become effective, must in any event still be considered and confirmed by the Constitutional Court. All the government departments involved in the matter have decided to appeal. 

Until further notice, the enforcement of the current legislation must continue without any change.

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