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The Mpondoland Cannabis Belt Association (MCBA) is at loggerheads with the South African Police Service (SAPS) following the arrest of cannabis farmer Amahle Mkenyani. Mkenyani was apprehended on August 16, 2024, near the KwaBulala turn-off, a few kilometers from the Wild Coast Sun in Bizana. He was found in possession of 1,400 grams of cannabis flower (intsangu) by a Mzamba SAPS officer while returning from Bizana.
Amahle appeared in court on September 9, 2024, to learn his fate. However, the District Prosecutor, Miss Dywele, decided not to enroll the case after consulting with Senior Prosecutors and MCBA’s legal representative, Mr. Mzolisi Mkhize. According to Mkhize, SAPS had acted outside of the law, and any further pursuit of the case could result in civil claims against the state.
Cannabis farmers across the Mpondoland region, including representatives from various municipalities such as Winnie Madikizela-Mandela, King Sabata Dalindyebo (KSD), and Port St. Johns, gathered in support of Amahle outside the Mzamba Police Station. Holding placards, they protested the actions of SAPS and demanded that the rights of cannabis farmers be respected.
The arrest comes just months after President Cyril Ramaphosa signed into law the Cannabis for Private Purposes Act (CIPPA) on May 28, 2024. This legislation regulates the cultivation, possession, and use of cannabis by adults in private settings. The act also mandates the removal of cannabis from the Drug and Drug Trafficking Act, allowing for the reform of related regulatory frameworks, including the amendment of the Medicines and Related Substances Act and reforms for plant breeders.
Mr. Ndindwa Thobela, chairperson of the Ingquza Hill Cannabis Growers Association, appealed to the government to ensure that cannabis farming could be conducted without fear of arrest. He called for clear communication to police stations across the country, detailing the legal rights of cannabis farmers under the new act, to prevent further incidents.
Thobela emphasized that cannabis farming is “as precious as gold in Mpondoland,” and that the government needs to implement proper guidelines to protect farmers. He also urged the government to clarify issues around private possession, to avoid future conflicts and confusion with law enforcement.
Speaking after the court’s decision, a relieved 19-year-old Amahle Mkenyani expressed his gratitude and optimism. He sees his venture into cannabis farming as a positive step, highlighting its potential to contribute to the pharmaceutical industry.
Lungisana Marwanqana, designated to speak to the media on behalf of the MCBA, stated that the decision not to enroll the case marks a new era of freedom in South Africa. He believes the country’s cannabis industry, especially in the medical field, has the potential to boost exports and solidify South Africa’s position on the global stage.
Pondoland Times approached Mzamba Police Station Commander Colonel Setlaba for comment, but he declined, stating that only the Provincial office is authorized to speak to the media.
The MCBA continues to advocate for the rights of cannabis farmers in the region, calling on the government to ensure that recent legislative changes are respected and enforced throughout the country. The association views this outcome as a victory but remains vigilant, seeking further clarity and protection for the burgeoning cannabis industry.
