Dear Valued Customer,
As per the judgement laid down by Deputy Chief Justice, Raymond Zondo, particularly with regards to the ‘personal use’ statute and the Constitutional Court view with regards to Cannabis for personal use is,
The South African Police Service (SAPS) is still tasked with upholding laws relating to the use of cannabis and any other contraband.
The judgement which was handed down by Deputy Chief Justice, Raymond Zondo, states that adults are now legally allowed to grow, use and cultivate cannabis on their own property.
Legislation and stipulation around allowed quantities have yet to be determined and confirmed, however the transportation, distribution and selling of cannabis and contraband remains illegal.
Obviously, there are clear-cut situations which denote the differences between private use and possession with the intention to sell. This remains the decision of the Government and SAPS to investigate and prosecute accordingly.
There is a definite grey area in-between, where police will be left to use their own discretion and until such time as the ruling party outlines definite protocol regarding quantity and quality, SAPS officers are forced to apply reason, which was confirmed by Chief Zondo.
The courts will still process members of the public flagged and arrested by the police on suspicion of possessing cannabis or other contraband with the intention to sell and the exact same applies to the cultivation of the plant.
Chief Zondo’s judgement explicitly notes that while the private personal use of cannabis is “decriminalised”, any use of cannabis outside of this stringent mandate is still illegal and punishable by law.
Based on the above-mentioned and the fact that our Company must comply with all regulatory bodies, Aramex South Africa management has taken the decision NOT to engage in the transportation of any contraband, except cannabis oil for medical purposes, only when supported by a doctor’s recommendation or letter, and in allowed quantities.
In addition to the above, your attention is drawn to Aramex South Africa’s standard terms and conditions, which is accepted when concluding the agreement with Aramex South Africa, terms and conditions, include inter alia the following,
3.3 If any such Goods are delivered to Aramex, whether or not in breach of the provisions of clause 3.1, Aramex may destroy or otherwise deal with such Goods as it in its discretion deems fit at the risk and expense of the Customer. The Customer indemnifies Aramex against all loss, liability or damage caused to Aramex as a result of the tender of such Goods to Aramex.
4.1 Where it is necessary for an examination to be held or other action to be taken by Aramex in respect of any discrepancy in the Goods which are landed or discharged from any vehicle, vessel or aircraft, no responsibility shall attach to Aramex for any failure to hold such examination or to take any other action unless Aramex has been timeously advised by the landing or discharging agent that such Goods have been landed and that such a discrepancy exists.
Therefore the burden of proof will be upon yourself (“the client”) to convince the SAPS that your confiscated commodity shipment of Cannabis is for personal use and falls within the ambit of the definition “medicinal cannabis”.
We would further like to draw your attention to the fact that Aramex South Africa is legally compelled to comply with regulatory safety rules and regulations and as such all major offices are regularly inspected through the means of physical searches and the use of K9 dog units for illegal substances as well as explosive materials. Such shipments found to be in contravention of the aforementioned terms and conditions will be handed over to Customs and Excise (SARS) and SAPS. Once handed over the matter is now legally between yourself (“the client”) and SAPS.
Aramex rights are reserved.
Chief Compliance Officer