Proposing the Indigenous Peoples Protection Act – A Game-Changing Solution to End Police Brutality
Fellow SACCA members, cannabis advocates, traditional growers, Rastafari, and allies in the fight for justice,
We've all witnessed the heartbreaking toll of police brutality on our legacy communities—the indigenous Bantu-Sotho, Khoisan, Griqua, Zulu, Xhosa, and others who have been the true custodians of dagga for centuries. From the tragic death of Ras Isa to the outrageous seizure of Lucia Louw's home in Upington over a R300 deal, the stories are endless and enraging.
Post-CPPA (2024), we thought decriminalization would bring relief, but the "legal vacuum" has only emboldened abuses, perpetuating apartheid-era oppression on our rural farmers and township families.
The government has repeatedly shut down calls for a moratorium on cannabis arrests, arguing it opens loopholes for unregulated criminal activity—and they're right; a blanket freeze could create chaos. But we've unraveled this deeply, and flipped the script with a robust solution: the Indigenous Peoples Protection Act, 2026.
Why This Act? Switching Liability to Protect Us All
This act proposes a paradigm shift. Instead of pausing arrests (which risks exploitation), we switch the legal liability to the police officer. The Act criminalizes their misconduct, not our lawful activities, automatically protecting every South African citizen without needing applications or affidavits. It's grounded in our Constitution's supremacy, overriding outdated laws like the Medicines and Related Substances Act (1965) and Drugs and Drug Trafficking Act (1992), as affirmed in the landmark Prince (2018) ruling.
Key Features:
Automatic Universal Protections: Every citizen is shielded when engaging in CPPA-permitted activities (private use, possession, cultivation). No more arbitrary searches, extortion, or brutality—violations void any charges against you.
Criminalizing the Abuser, Not the Victim: If an officer breaches (e.g., warrantless raids, demanding "protection money," or excessive force), they face mandatory penalties: 5+ years imprisonment, fines, and dismissal. No more impunity!
Harsher Penalties for Marginalized Targets: Abuses against indigenous or township communities are aggravated offenses—10-20 years jail.
Enforcement Tools: Explore the potential of Mandatory body-cams, IPID fast-tracks (14 days), SAHRC oversight with quarterly reports, and anonymous hotlines. Funded by 1% of cannabis taxes under the forthcoming AUCRA.
Equity for Legacy Communities: Honors Bantu-Sotho and Khoisan heritage by prioritizing protections for cultural practices, ensuring our strains (like Durban Poison or Lesotho Highland) aren't commodified without us.
This Act aligns with the NCMP's equity goals, decolonizes enforcement, and closes loopholes by reinforcing regulation—unregulated crime gets targeted, but lawful growers and users are safe.
Backed by Evidence – Our Annexures Tell the Story
We've compiled ironclad support:
Annexure A: Recent Cases of Harm – Details Ras Isa's murder, Upington forfeiture, Mpumalanga extortion, and SAHRC/IPID stats on rising complaints.
Annexure B: Constitutional Override – Explains how rights to dignity (s10), privacy (s14), equality (s9), religion (s15), and security (s12) trump MRSA/DDTA, making this Act mandatory.
Annexure C: Legacy Communities – Chronicles Bantu-Sotho and Khoisan custodianship, from 14th-century archaeology to apartheid raids and today's exclusion, with references like Duvall's African Roots of Marijuana and SAHO's Pondoland Revolt archives.
These are living documents compiled using Grok AI, intended for collaborative input prior to formal submission. We invite traditional leaders and legal experts to provide input to finalize the official drafts.
Indigenous People Protection Act
Annexure A: Evidence of Severe Harm from Cannabis Law Enforcement in South Africa
Annexure C: Legacy and Indigenous Cannabis Communities – and Their Enduring Rights to Custodianship
I would love to know your thoughts, do you think this approach could work?
With love,
Albertus van Jaarsveldt