REPORT OF THE INTER-DEPARTMENTAL COMMITTEE

ofr the ABUSE OF DAGGA

Issued by AuthoritY

,r- {

UNION OF SOUTH AFRICA

r HE GovIinNurNT PRTNTBR, PREToRTA

U.G. No. 3tllgsz

G.P.-S.220-1952-3-2,000. i. i.r.'., ii'. rir l.i, @NTBNTS.

Page, WsLAnr" SuBi[ssloN To rHE MlNtsrER or SocIAL ' vi IrrtrrnmbN oF DAGGA Plexr., Paragroph, CHAPTER I.

REAsoNs roR THE AppotNtMeNt or rIiE Col\rrr{rrrEE.. ' " " Recommendation of Cape C,oloured Commission (1937)" " The Union's International Obligations.. ' Personnel of the Committee 9 Co-operation of the Protectorates. ' . . . l0 The Terms of Reference. t3 Publicitv civen to the InquirY.. t4 ProcedtiriFollowed in Cbnducting thc Inquiry'

CHAPTER II. 17 THE EXTBNT oF THE UsE or Dlccl (INouN Heur) rN THE UMoN" t9 20 23 29 34 40 48 5l 56 60 63 69 74 78 8l 83 The Age of Dagga Offenders'.'.. .. .

CHAPTER III. 85 Tnr ExreNr oF THE CULTIVATIoN oF DAGGA AND ITs TRAFFTC.'. 85 Wild Growth...... 87 Cultivated Growth. Territorios' 9t Traffic from Neichbourinc 96 bacea Cultivated for Individual Use and for Traffic. ' Wholesale and Retail. 98 Var]6us Methods of Traffic, t05 and Methods of Transporting Dagga... Means 107 Devices tc Avoid Detection serl,ices. lll clandestine Taxi 112 Transportation by Rail. lt8 Profits.... 122 . . Exoort of Dagga..... 124 Cuitivation bi-Farmers and Farm labourers.

CHAPTER IV. t29 129 r33 136 t39 llm 143 144 145 161

CHATTER V. 173 t'!3 175 179 184 186 187 l9l 192 r9I-" 194 195

CHAPTER VI. Drccl PnoBLsM IN THE Tnngr HrcH CorrausstoN Trnnltoruss. 199 Practices_amonglt the Natives 2M l,ocal 209 212 2ts 216 217 tv

Paragrcph. Mrnsunrs 220 221 224' 22s 229 22924A 241-247 248-253 25+255 256-257 258 259 260 261-262 263-26/. CHAPTER VIII, AND OI.IER, FoR DEALING WITII TRE DAGGA EVIL; lNo DrsrnA.BLE CruNcrs rN rnr ExsrrNc 265 Problem 265 266-268 269-289 290-291 292 293 294 295 296 297 298 299 300 301 . 302 303 CHAPTER IX. IN RrspEcr or rsB CoNrnor or Nlncorrc 3M 306 Nations 307 309 310 315 316 317 318 Drug Convention 319 321 ::1*: fge among the Various 325 Racial Groups. 326 32G327 328 329 Con 330 331 Nov 332 333 and 334 337 last 338 339 3q 341 343 347 349 351 352 353 354 355 356 35G360 361 362 363 364 365 366 367 368 369 370 370.372 373 374-.375 376 379 380 380 38) .382 383 384 ANNpxunB-List of Persons and organisations Who Tendered oral Evidenco and/or Submitted Memoranda. rHE EXISTINO 265 26s REPORT OF THE .... 26Gz68 ..... 269_289 .... 2%-291 292 293 294 x9s 296 INTER.DEPARTMENTAL COMMITTEE ,i.. 297 .....r 2gg ,.99 300 301 '.,,, 3o2 303 ON TIM

304 306 307 309 3r0 315 ABUSE OF DAGGA. 316 317 318 319 321

325 fsn HoNr-runABLE TIIE MrNrsrrn or Socrel Wrmenr, .... 326 your predecessor decided appoint an Inter-Departmental .... 326-327 On the 3rd August, 1949, to 328 dagga and its abuse as a habit-forming drug. On 4th 329 Committee to inquire into the traffic in 330 Government Notice (No. 2347) announced the appointment of the Committee 331 November, 1949, a 332, Reference. herewith beg to present to you the Committee's report' In the 333 and its Terms of I 334 last chapter an attempt is made to summarize concisely the main features of the report. ,...,^18337 39 3q .... 341 343 347 349 L. VAN SCHALKWIJK, 351 352 Chairman, 353 354 355 356 .. .. 35G360 361 362 363 364 365 366 367 368 369 370 .... 37U372 373 .. . . 374-375 376 379 380 380 38I 382 383 . .'. . 384

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n CHAPTER I. leeislation which governs the cultivation, sale and oonsumption of dag-ga is contained in Chapter VI of the Medical', Dental aid Pharrnacy Act (No. 13 of 1928), REASONS FOR THE APPOINTMENT OF THE as amended. The reply-that received from the Commissioner COMMITTEE. of Police revealed the traffic in the drug was still considerable and that he regarded the dagga evil RrcouurrplrroN oF Cam Cor,ounsp Col{IvllssroN in a serious light. Notwithstanding drastic action by (1e37). the police to combat the evil, the illegal traffic coftinued on i large scale. He recommended that prov-ision be 1. One of the.recommendations of the Cape Coloured made foi severe penalties for any form of traffic in the Commission of Inquiry, whose report appeared in 1937, drug, including imprisonment without the option of a was " that more active steps be taken to deal with the fine, and thaf an- institution be established for the eradication, sale and consumption of this habit-forming treatment of addicts. He regarded the consumption of drug (dagga) ". The Commission had -expressed dagga as an important contributory factor in the coniern in its report at the widespread use of dagga in commission of crime. the Union, more particularly by members of the Cape Coloured cornmunity. 3. Statistics support the contention of the Com- missioner of Police that there is a widespread demand s 2. In accordance with its responsibility to act as the for,'aid traffic in the drug. During the.years 1940 to E watchdog over the interests of the Coloured people' 1947 at average of 10,000 persons were, prosecuted E the Department of Social Welfare regarded it as one annually-actual for dagga offences. This figure'increased to u of its functions to ensure that the recommendations of 14.016 convictions during 1948 and in 1949 the D necessary attention by the o the Commission received the figure was further:increased to 15,395 convictions. In various authorities concerned with a view to their t[e course of two yeats (L947 to 1949) therefsre, there i implementation. this task the Depattment was B In was an increase of 50 per cent. When 15,000 of its o asdisted by the Coloured Advisory Council (C.A.C.) citizens were convicted in the course of a year for a which functioned under its ,apgiS and one of whose particular natural that the a- type of offence, it is only I duties was soeciflcallv defined ai" assisting the Govern- E iJnion shoulit inquire more closely into the circum- I ment in its ;fiorts to give eftect, as far ai possible, to stances which conduce to that type of offence. Viewed the recommendations of the Cape Coloured Com' merely from the angle of statistics of crime, there would mission of Inquiry of. 1937 ". In pursuance. of this appear to be ample justification for appointing a policy, the Depariment asked the Commissioner of committee to enquire into the abuse of dagga' Police to what extent steps had been taken, or were 'table contemplated, to give eftect to the recommendation 4. The following analyses the convictions concernlng dagga. It should be pointed out that the during 1948 in respect of race and sex:-

Eastern Cape.. 15 580 60 3 ?75 t3 1,046 - 2,167 weiti."iCpe...... : : 35 283 44 6 1,741 58 Kimberley.... 2 22t t7 I Itl 7 385 t2 n7 Transkei...... 183 t2 ,, Natal...... 35 3,046 2s0 181 123 2 3,639 Transvaal (excluding Wit- watersrand). 23 1,895 98 3 48 5 2,O74 Witwatersrand...... ,. .. 63 3,33 I 90 j I 393 3,896 Orange Free State...... 8 505 61 27 : 602 Torar-.. 632 14,016

Trre UNron's INrBnNeuoNer OnucltroNs. co-oDerate and be reDresented on the Committee. The Agricirlture desired to be excluded from signatory to three International Conventions Depirtment of -the 5. As a paiticipation on ground that thought that a Narcotic Drugs (1912, 1925 anld 1931), the Union it on consisting of representatives of the other has international bbligations in combating the traffic in Committee drugs, amongst which is included plge3. It is Deparments would suffice. inteiesting to iecord-a circumstance which gives added signiflcanie to the Union's international obligations in ttr-is respect-that it was at the express wish and PERSoNNEL oF TIIE Cotr,tutrren, proposaf of the Union of South Africa in 1923 that 7. The appointment of the Committee and its Terms indian Hemp (dagga) or Marihuana (as it is tnown in of Reference were announced in the Governmenl Latin Americd) was included in the list of narcotic Gazette of 4th November, 1949, in Government Notice druss- which orevious to that date had been restricted No. 2347. The personnel of the Committee is as ah"oit exclusivelv to opium and its derivatives. It is follows:- not proposed to elaborate the Union's international obligitions in respect of narcotic drugs. This will be Dr. L. van Schalkwijk (Department of Social don6 in a subsgquent chapter. The matter is meutioned welfare), Chairman. here onlv as one of the considerations which were borne Mr. F. E. Lutge, K.C. @epartment of Justice). the Committee in mind when it was decided to appoint Mr. S. J. F. Mostert @epartment of Justice). of Inquiry. Dr. C. J. G. Hunter @epartment of Health). (Department of Native Affairs). 6. The Departments which would be concerned in the Mr. C. W. Slarke proposed inquirv were: Justice, Health, Native Affairs' Dr. N. J. van Warmelo @epartment of Native hgdculture, ^ Sotial Welfare and the South African Affairs). pdlice. prgposgd Their views were asked on the Major U. Boberg (S.A. Police). aooointment of a Committee of Inquiry, and with the ei6eption of the Department of Agricuiture, all agreed Mr. W. E. Bryan (Department of Social Welfare), with- the proposal aud expressed their willingness to ' Secretary. itlr llr " ,: rli p: Lutge was unable, . Ir41. thrgugh pressure of work, population.on to'taki-p-art in the inquiry, Uui n'is ,iew, the other hand, wittr special problem p,roposed on ttre reference to, Iegal measur.es. io it-eA ;";; *ith the various racia eiou* workers, iil, thg evil were presenred by two pr.t"rrionii"lrsistants"ff;;iu"ly constituting the populatioo of it iUnlonl'" (b) churches iilr when rhe_ Commiuee ionsiaeiJ- im"ffiOiog. t9 investigatg collect information polic, recommendations. aoa upon aud report the It was tounA impiacii-cal and the effectiveness o, oiti.*i.i of the work co inadvisab_Ie to let the-representative existing measures, police of the South including eiisi'ing"iegisf ation detention (Major rou'erg accoripin, "in" and..irs a-pplicatio-n to comb-at, i. ltf1n cor- rimit ind"fievini superinte mrttee on all its tours. waftherefoi'e, airangeA the illegal use of dagga; and ill alremates Jt tnat coml from the oinereni'roui,i"pi'"iri"ir" snoufo (c) to make recomn interview agsgcr.atg rhemselves wittr tni- ciffiiii.J"*rco measures to co as well a visite! their it ;i,T:';i:l areas. In tni, *iy tn" Llil_itle had the and,r egar,,"Hjlfil*i,':flTi,fliiff other per benefit of the services uttiiout".-,iilo*n"f,intimate Th knowJedge I I. Shorn elaborate life. of their r..p.ctive"t aria-s aot"#ffJeooerea of its language, which follows, to thank excellent in the. main, phraseology assistance. They were:_ the of the legislation on responder ]{-q]. J. A. C. Reay, Deputy Commissioner, ilff"fi ;fi il mav be C.I.D.^ (Cape Town). '""*'ifl ,l',:1?r#:, ff6;,;|'!. 15. Th P. L. Wessels, (a) To inquire iuto and report upon_ those are ^.Major Chief Inspector, C.I.D. were susl Pietermaritzburs). (i) the extent of the cultivation of and or the mi Capt. N. E.-'parker, traffic the - Inspector, C.LD. (Bloem- in dagga; and of its uii-Lv tne various it advisat fontein). racial groupi and the ene.i, uim them of situation, Capt. G. Visser. Inspector, C.I.D. (Umtata). such use; Towards (ii) markets the end the effectiveness otherwise centres, r association lrqgiry, Col. Reay,s -or of existing with the Committee^rj_t}. to6t l"qislation and other rneasuiJJ doubtedll f.orm 6'*6ii' iotr."t" tJ curb the tlran that of alrernare.. H; evil; other cor discussions i,ffidp;;e-ii all the wher the Commiuee donslOelidlts dai4g. (D) t9 recommendations The evid, and recommendations. .submit -^*rrr"r"_o.!'"n".tlu,to make these Iegislative and other largest gr where thev are found th lom Co-oprnltroN oF THB pnorrctoutns. t"-Ul-ir"OJqir"ie to deal with the froblem. gru,ier a. 9. It was deemed advisable tlat.the neighbouring were adr Prorectorates the members shoutd be Urhih"lfi;ry. _t?.-Al! of the Committee are full.time attitude tr ".ro.iit1d officials in the public ". s.;i;;;dffi; ii[rir.o, u. 5egarded il,#'",.'.:"'."Iffi "il;1i3,i:"it*;,llrtl;tf"yi#mfi towards I !!lqug! the Department of E;i.;"i- AHi;I;j;; the Comn High Commissioner for ttrisellrrltiil., this judgr io*'up_irt u arranged.il:'tr*i,:tffi with suitable *rqh'+"ii:.*iri#irftfi representative to serve on the.gommiit.ii, inJl.upucity intervals-beiw..i'il.i'lo .naul. the consu of observer the members to overtake and adviser. Th=t ifi;ii; w?s-readilv u..""i, in it.i. oii"ioi.y *o.t. accepted and the Committee was, ther;fo;;- fi;ia punrtcrry 16. Tht have thc benefit of the serviii, ;r6;;;iliiii" GrvrN ro rne lueurny. version ol eqc.l.r protectorates t o. ll. It wi .of the_ as ir "f*"i ,iiiiio's,i"lr'iriil io-i'r*. rn rhe representative oi-the various fc 111i1i91. no- and its c< mnrstration, Lt.-Col. F. p. van OuOtstroorn,-euidioce"'ii'-i,ietoria, was'o."rant y-hgn the Committee physical, Nelspruit piet -toot a:jil;}d#.**dt*il13ffi"fj!foperation the diffen and Rerief; ild ui ;6t., ,Lgrlo,U n. and assistanc. and p. magistrates. !;;;i;rii".]"ill'rr.n and the r Major H. Kitson, the represeoiuifr" native commissioners,-h-e"a"di'"f Basutoland of tn. officers and social welfare", prohibited Administration, attend6d tne meitings ot the divisionai Ji"ir"rilt'ii, the Comrnjtree wrtnesses and information ."c*ing the efficar when it _.ioniiai..o iti-n"jije. uoa on the ttl',oqu,ry. recommendations. The Committ.. In addition, it directly frbFa; measures Irs..srncere *iit.i'ioi*p.r.. organisations -"ppro".t.d- iniiuij-uats ana The final fppreciation of the co_operation who werd tt in-a"iJJitton assrstance, and assist it in to consist ol and one should add, trospitalitiiitenieO 6y its task. "lrirrii"-te the authorities of the protectorates. Committer PRocEDURE expectatio Fotrowro tN CoNoucuNG THE INeutny. ade.'ratelr Trr Trnus on RrrnnnNcr. 14. The Committee r 10. The .ey terms of Refe :.9ll lffi il"i'd;6T,"itt'#:1,[ lfi thu c*;.;;; $i# na"li.ffi y,nfh K:i.r#iH'i3rt ff ['::iill rn meetlng were as follows : kind of d (a) To - r,-:illf::T**{*i,,fl deal at so inquire into, collect information and report toursflii*i;1'"*irt,,f 'Tl: these inter upon the were undertakenff by train except causes, extent and reruiis oitL'auur. when, on."i. Iic"rior. consist of dagsp (also owing to unsuitabie t."in .iiul"e, 9_f known ur-l"tr"oi,i^o."lroi"n had to be used. To moifiLrrpo* Hemp)-in- various p-a!!s of tt. 0oioo ioO _or. save expense and time, more particularly on the-following ma-tter-J: j_-- (l) Jhe illegal cultivation, growing or manu- pointP1ffii1{,rir,;:ll#:Y-::t"#:,';.:il:l#tl.# for raking evidenci lryt*iog, couveying, traismisS8n, the surrounding parts tl "na-arorliff;#E ;;"ffi; uon, transportation thereof; "*port".. (ii) the.illegal sale, barter. acceptance, THE EXl raKrng fup,ply, ln exchange or otherwise b6ing in gif possession thereof; memorandad'+f"#'#i$fr,'.,"*Hl'i-',::trIrtri# and reportl 17. (iii) the ille-gal use, application or t,,suppie-miniado"#ir\rLo.'orT,#,i**.*it$,..*:: The administration the thereof in what&ir A total of 354 persons r from f..* ;;;;d" pIOIOUIlCer (iv) the,consequences of the illegal use and abuse suffix -b. rner@I on the consumer, the producer, the [Ei;T;Ei"r$,ffi*,.*I+i:.ffi:Eiiffifl#th: specialized called Ng seller, the smuggler or'uov&" I:9-.. ana tecnn;cJ]ntl.il'".iion ot p.articipates JJJ' *lo Ndebele) r in any action w'niifi is-p-uni*tr- the interior able under the-{-ct, aoO .or.'p".tffi;;iy regardi4€ Sotho) ca its effects.on the soclai,'-morat,-' lebake, pa economic and health conoltion tn" pgrsons of *rffi.n**s#$l+r*f*-# -*bangi, fr concenred on the one hand and the contact, - in the ren some more directly tUuo oif,Jrr,."*itt U. mbanzhe ir with special problem of dagga, such as, medica! officers, social 18. This root -*bangi is so obviously identical with tid group.s workers, representatives of welfare organisations and the Hindi word bhang, that the presumption is justi- he Union; churches, teachers, magistrates, native commissioners, fled that, as far as the Bantu are concerned, the weed and report the police, court officials, officials in charge of prisons, was flrst brought to the coast of Mogambique (the 'ise of the work colonies, reformatories, places of safety and Shangaarl-speaking area) from India, and that both the g legislation detention and mental hospitals, as well as managers or plant and its name then spread inland from there. A and prevent superintendents of non-European townships, locations connection between the Nguni word insangu and bhang and compounds. At several points the Committee also is not impossible, but the divergence from the other interviewed representatives of farmer's organisations, remains unexplained. he necessary forms above still as well as native chiefs and headmen, and officials.and nt the abuse other persons who were acquainted with native rural Committee wishes opportunity life. The to take this Dloca-sltoxINc AN ANCIENT CusroM IN persons ich follows, to thank the many from all walks of life who Sourn Anxrcn gislation on responded to the invitation to assist it in its task. earliest observers smoking of rsk may be 19. The record the 15. The Committee did not restrict its inquiry to dagga by all the races of Southern Africa, that is, by those areas and centres which were known to be, or Bushmen, Hottentots as well as Bantu. These people were suspected of being, the main sources of supply themselves have the tradition that their ancestors of and the or the main markets for the sale of dagga. It thought smoked it from ttrre earliest times, and its introduction r the various it advisable, in order to obtain an overall picture of the lies so far back in history that it is now impossible to ron them of situatign, to visit other centres as well. The best say whether any one group learnt its use from another. markets for traffic in the drug are the large urban and how and by whom it was first brought into the of existina centres, whilst the main sources of supply are un- country. Statements that the Bantu learnt the use of to curb thl doubtedly those Native areas where the climate and dagga from the Bushmen or Hottentots, or vice versa, other conditions, such as, inaccessibility, are suitable. may therefore be dismissed as pure conjecture. The evidence throughout points to the Native as the nakg-these largest grower and tramcker. Throughout its travels )re :tive the Committee found strong condemnation the of ory rrs Usr IN TIMES PASr. uate ro deal grower and the trafficker, for whom severe penalties ExrrNr were advocated. On the other hand, the genelal 20. The extent to which dagga was smoked by the pre-European rre full-time attitude towards the dagga-smoker, who was generally different racial groups and uibes in tinles aisess-, would appear that, whilst required, as regarded as an unfortunate victim, was one tending is difficult to but it al duties in towards leniency. As will appear later in this report, only a proportion of men amongst the Bushmen, membership the Committee's views are generally in conformity with Hottentot and Bantu.of the interior tribes were habitual practice accordingly this judgment on the trafficker, on the one hand, and smokers, it was, on the other hand, a coinmon men the tribes the Cape, rm to enable the consumer and addict, on the other. amongst of Nguni-speaking of linary work. Natal and Swaziland. The Cape Coloured population 16. The report will follow closely the summarized inherited the habit from the Bushmen, Hottentot, version of the Terms of Reference given in paragraph Y. Korana and Griqua. I 1. It will deal, first, with the scope of the evil in its he inquiry. various forms-its cultivation, its distribution and sale, in advance and its consumption. It will then consider its eftects, 21. Boys were not allowed to smoke dagga. Youths rhed in the physical, mental and moral, on the individual and on did so on a small scale, with varying degrees of ived the co- the different racial groups. As the growth, the sale impunity according to tribe, but still mostly clandestine- ls, such as and the use of dagga, with specified exceptions, is ly. In soine tribes even young men were not supposed ial welfare prohibited by law, consideration will next be given to to smoke, but in other tribes again it was common for in securing the efficacy of the existing legal and administrative them to .do so before attempting anything dangerous, the inquiry. measures to curb the dagga evil in its various forms. such as, attacking an enemy or a lion. viduals and The final and constructive part of the report will r position to consist of the legal and other changes which the Committee recommends should be adopted, in the 22. A noteworthy fact is that extremely little dagga- expectation that these changes will not only help to deal smoking was indulged .in by females and this is still ar I2olnv. adequately with the problem on a national basis but the case. In so far as women did and do smoke, the evid. -e on that they will also serve to show the Union's sincerity practice is confined to the older ones. For this freedom ary covered in meeting its international obligations in respect of the from addiction to the dagga habit amongst women, in addition, kind of drug under consideration. The report will no satisfactory explanation has yet been advanced, but toland and deal at some length with the nature and the scope of two considerations suggest themselves as a possible isited. The these international obligations. The ldst chapter will explanation: firstly, that husbands who have paid re occasions consist of a summary of the main features of the report. cattle for wives and.expect service in return, would :or transport not readily permit the practice; and secondly, there is trme, more the obvious fact that women have-much more work to areas, the do than men and for that reason they have no time ing a central CHAPTER II. for dagga-smoking. Inesses from roceeding at purpose of Mrrnons oF SMoKINc Dlcc,c,. vidence. THE EXTENT OF THE USE OF DAGGA (INDIAN the HEMP) IN THE UNION. 23. In South Africa there is only one way of using the form of dagga as an intoxicant and that is by smoking it. The being either 17. The South African word " dagga " is derived fact that Cannabis is dioecious, that is, that the plants ral evidence. from the , Hottentot dachah (daXab), which is are either male or female, is well-known. The female s of all four pronounced as dagga in Afrikaans, with the masculine plant is considered best for smoking. Good dagga leaf mmittee as suffix -b. The Bantu have their own terms. The so- must be picked at the right time and has to be sweated L wide field. called Nguni-speaking group (Xhosa, zulu, Swazi, (fermented), but this is not always done. Smokers rrmation of Ndebele) call it intsangu and insangu. The tribes of recognise good quality dagga by smelling it and rubbing tgga addicts the interior plateau (South-Sotho, Tswana and North- it with the flnger, and pay high prices for it. They can in obtaining Sotho) call it matekoane, matokwane, motOkwane, tell inferior or adulterated dagga at a glance. They engaged in lebake, patEe. These last two are variants of a root also know that good dagga is only produced in certain as made to -*bangi, from which are also derived the forms found areas, where both heat and good rainfall favour them into in the remaining two language groups of the Union: abundant growth and transpiration with consequent s, with the mbanzhe in Venda and mbangi in Shangaan, high concentration of resins in the leaf.

- 24. Seed is usually to be found mixed with the dagga ATTTTUDE TowARDS Decce-suortNc IN pp.s-EuRopEAN 3s. T that finds its way irito market, the and is also smokEd. Tuvrss. share th Some smokers, however, remove the seed, because when 29. T\9 deleterious eftects of excessive smoking well-to< the grains heat and burst they were - tend to scatter the leaf, generally_recognised and those who indulged exceptio which they consider wasteful. to excess Others maintain that the were held in contempt, bug society those w seed is an especially did uoipunish them valuable ingredient and crush the s_ave where the rights comitanr grains before of others had been infringed. On filling the pipe. Still others regard the the whole seems seasoned unemplc seed as especially harmful. it that smokeis knew exactly when to stop and that there was no more of them 25. The Hottentot pnd Bushman method smoking of exce-ssive.smoking then than there is at present among sympton was to use a short horn or a carved pipe resembling rural Natives, and quite possibly much less. tributary a horn, and to draw the smoke through water held ii the mouth. These two races were also acquainted with 30. The Bantu were aware of the difference in effect 36. Tl the ground pipe -connected which consists of a bowl to of dagga upon individuals. The Native view that people a a short reed mouthpiece by an underground tube made dagga-smokinC arygqtg difterent individuals differently is convictir in moist ground. Here again the-smoke is drawn supported by a reliable observer of the Zulus who wrote great de through th.e. water held in the mouth. As the mouthpiece following: " Most Zulu men smoked hemp daily cannot s is so short, the smoker has to get dowu on his linees without apparent harm; but when indulged in to excess, large pa or lie on his stomach and bend his head down almost especially by the young, the mental ficulties became smokes to the ground. The length of the duct in the ground gradually and permanently blunted. In some individuals manifesti varies considerably, from about six inches to over a hemp-smoking caused extraordinary hilarity and persons yard. Nowadays this tube or duct is sometimes made irrepressible laughter; in others, extreme moroseness; Colourec very long with a view to concealment, the smokers in still ot4ers, dangerous and criminal incitement, and bears thi sitting innocently chatting to one another in one place even delirium. Young warriors were especially as one of their number sucks at the mouthpiece in-their addicted. to hemp-smoking, and under the excitin! 37. Be midst,.whilst stimulation the pipehead with the burning-A dagga is of the drug, were capable of accomplishin! ly class c concealed many ydrds away in the vicinity. vi-riant the most hazardous feats." (Bryant, A. T. Th-e Zuli they atta of the ground pipe is a brick or lump of clay with the people, 1949, page 222). sr rund bowl at one end and a tube to the mouthpiece at the tl. , pat other. 3l..Especially in the Nguni-speaking tribes dagga- smoking was uiually indulfed in'in -',ias contrast 26. The ground pipe was also known to the Bantu, coirpany and 'amanr attended.by a certain amount of etiquette but was used only as an expedient, example, by ind ceremony. amongst for The copjous flow of saliva producid boys smoking in secret or by tratellers who cahieO -to by the drug was very muc I blown_ through reed tubes form p-atterns the supply of dagga with them blt could not burden them- oi was an a ground, and each smoker tried forestall s-elves with a pipe. Upon arrival at a spring stream to and defeat in these or the others according to the rules game. they would cut themselves a reed, fashion a cup and of the It certainly was rot true of P_re-European tube in the mud, and with very little delay they could Bant-u society, 38. An rlow is of Coloured-and begin smoking. The customary dagga-smirking instru- 1p it luropean, Indian society, exception ment of that dagga-smoking was conflned to the lowest and dagga-sm the Bantu is rather the horn-water-pipe, which privileged one must regard as -hookah least classes. On the contrary. many Native upon by being related to the of chiefs and'aristocrats It is known by various names were habitual- smokers. It 4sla. such as iGudu, must also be borne in mind that primitive kakana, gegala. By drawing the smoke through water in societv a 39. No great warrior was an asset to the community and a good iu. the pipe, t4e smbker is rilieved of the nec*essity of with the deal of erratic behaviour was condoned in a man-who taking water into his mouth. A cow-hprn serves as witnesses was capable of desperate bravery water.chamber and the smoke is drawn from the pipe- when the need arose, the drink head of clay or soapstone, through a hollbw induced a reed, iito 32. Amongst the Bantu of South Africa, dagga- is not the water and thence into the smoker's mouth. The regarded as having any aphrodisiac effect. In fact, . tion, and tube is either inserted into the side of the horn through there is the view among iome tribes that " Hemp- a-hole, which allows the smoker to place the openiig smoking makes one lose wealth ", by which is meant of the horn against his mouth and cheek, or ilse ii that a dagga addict is not even interested in a lvife - \_{ EXTENT merely put into the water through the openins of the provided for him by his father and relatives, and since horn, thus compelling the smokEr to cloie it ip with such.a man is lightly deserted by the wife, he often both hands and suck at a gap left between his frngers. remains childless. ,As 27. Some Cape Coloured smokers use a bottle, with As a_lreqdy Horrcntotr a tube as mouthpiece. This is merely ..33. stated, pre-European Bautu society a roueh and disapproved of the smoking of juveniles said abor ready hookah and derives directly- from asiatic dagla by an6 females. However, ttrere are occasioriai women amongst l gonqactq. The use of liquor instead chillum, knew three such cases, said them that whith is. u.sed in for Ihe short hemp pipe of fhev were employed lengal -in'the elcgptional inasmuch as they were tennagants who, in there, is known in certain circles youth, Coloured community their had taken parf in the fightlng when the 41. In r of Cape Town. It is said to enemy tried to raid have been introduced from Durban. their villages. There also are the it is quite exceptional cases where members of a certain exorcism- of dagga-r 28. It seems that in the olden days, when the cult, introduced into the Transvaal possession from the north, are prosecuted' of a pipe w.as not an offence and smoking possessed by the spirits of men who during their was-indulqed life- regularly c in at will and openly, most if not al'i time were dagga-smokers and who therefore must smokers :.f dag-g.u invariably drew the smoke through them are smoke dagga at the exorcism s6ances. But jhese are drug. A qatgr. fhg object was, il is said, to cool it, U-ut not, in Native opinion, cases of female dagga-smokers, obviously. rhg result are appreh also was that part of the volatile because actually it is the male spirits whichlre doing it. active princjple- was condersed bEfore reaching the stances ob I smoker. The haste and excitement of preserii-day PnnsrNt NoN-EunopreN ATTITUDE Towlnps Decce- police, Par \ surreplitious smoking of dagga in cigarette'form doei SMOKING. have come not proUlaUlv \ allow the use of wat€r anO causes most . 3a..- the, Native view that there is nothing repre- smokers to draw harder and faster, gen6rating greater henlitls about dagga-smoking in itself, as distiict fiom 42. The heat and volatilising more of the ictive aiei't anO smoking to excess which is frbwned upon, has not been 7,831,915 . allowing more of it to get into the system. Thelpresent- changed by the fact that the Iaw of th-e white man now have been day practice of smokers in towns, who usually have to forbids the practice, In rural areas the Natives of Natives pr be on their guard against detection, is to mix disea with several gloups, notably the Zulu and Xhosa-speaking t2,235, or tobacco and population. roll the mixture into cigarettes irlade ot ones, still remain entirely unconvinced that fihere i-s ordinary paper, or to smoke cigarettei filled with pure anything wrong or detrimental in the moderate use of Free State dagga. dagga. Per thousa i PRE.EURoPEAN 35. The Coloured community, in the main, does not in L949, was c.1,800,000, the prosecutions 3,'144 or share the Native attitude towards dagga-smoking. The 2'08 per thousand. The Orange Free State, where little ) smoking were well-to-do and more educated classes, with minor dagga is grown, was thus below the average for the lulged to excess exceptions, do not smoke dagga and look down upon Union,'and Natal, which produces much dagga, well rot punish them those who do. They recognise the habit as a con- above it. r infringed. On comitant of poverty, backwardness, dirtiness, crime, unemployment and general lack of respectability. Many smokers knew 43. The relative insignificance these of them regard dagga-smoking not only as an aspect or of figures ot was no more prosecutions dagga offences (1.48 per symptom of these conditions, actually as con- for to 2.08 present among but a thousand population) gives tributary cause thereof. of the no indication what- less. ever of the actual number of Natives who habitually ference in eftect 36. There evidently exists amongst the Coloured smoke dagga. That the practice is fairly genpral, at rtive view that people a body of opinion which is very earnest in its least in some localities, was evidenced by what took place als differently is conviction that dagga is doing the Coloured people a in a few centres. The Committee conducted its lulus who wrote great deal of harm, but how strong this body is one inquiry in public and at some centres there was quite a red hemp daily cannot say. Its views are obviously not shared by a large attendance of Natives who came to listen to the proceedings, ;ed in to excess, large part of the Coloured population which either On one occasion the chairman, somewhat rculties became smokes dagga itself or regards doing so as a minor hesitantly as he rather suspected that the response ome individuals manifestation of human indulgence. The percentage of would be negative, asked the Native audience to indicate by a show of hands those who smoked dagga. hilarity, and persons prosecuted for dagga offences amongst 'Io ne morosenessl Coloureds, higher than in any other group in the Union, the Committeels surprise more than half admitted inoitement- and bears this out (cf. par. 44). without hesitation that they regularly smoked; and /ere especialy t amongst them were headmen. On another occasion a :r the exciting 37. Better class Coloured people appear to be strong- Paramount Chief frankly admitted that his people saw I accomplishing ly class conscious, as may be seen from the importance no harm in the practice and that it was faiily general. T.- e Zulu^' they attach to taking their relaxation in more "genteel" It would, of course, be wrong to generalize fiom these surroundings. Evidence was tendered to the effect that incidents. Amongst some ethnic groups in the interior, they patronise well furnished illicit bars where, in even those in whose midst dagga is easily grown, there 3 tribes dagga- contrast to the rather bleak and drab licensed bars, is, according to the evidence submitted, no great npany and was ' a man may take his liquor at ease in a club chair, proportion of smokers. The Committee has come to r and ceremony. amongst well-dressed people, though of course, paying the conclusion, having regard to all the facts, that the y the drug was very much higher prices. It was also alleged that there practice is fairly widespread amongst the Natives atterns on the was an amount of dagga selling and smoking practised throughout the Union, in some areas more than in ;tall and defeat in these " salons ". others. the game. Jt Bantu society, 38. Amongst Asiatics it would appear that with few Indian society, exceptions, it is only the poorer classes who take to The Cape Coloured Community. lhe lowest and dagga-smoking and are, in consequence, looked down 44. It is equally difficult to arrive at anything like F, many Native upon by the others, smokers. It an approximate estimate of the extent to-which the nitive Q9J9u1ed commurity indulge in dagga-smoking. In societv a 39. Non-European witnesses groups agreed good of all 1949 the total Coloured population was estimated to be nity and a with the views of the police and of other European 980,000. number in a man who The of prosecutions for dagga witnesses that the smoking of dagga combined with for that year was 3,28^6, per the need arose. 9$gn9es or 3'8 thousaii, the drinking of strong liquor or concoctions generally ivhich is twice the ratio found for the Ba-ntu (l .48 per :a, dagga is not induced a much stronger and more dangerous intoxica- thousand). In a work colony for Coloured men, 'ttre ftect. In fact, 7 tion, and that the effects were always harmful. Superintendent thought that about 40 per cent. of Lhe that " Hemp: inmates were addicts; .but the inmates who gave phich is meant -. evidence themselves asserted that there were less than _, Exreur on PnEsrur-ply Usr oF DAccA By rHE 40 per ce-nt, who_were not smokers, sted in a ivife. - DrprrnsNt whilst some put the tives, and since Rlcrat, Gnoups. figure as low as 5 percent. There was an incons'istency wifP-ce often Pure Bushmen and Hottentots. in the evidence on behalf of Coloured persons which ii not been possible explain satisfactorily. 40. As there are so few pure Bushmen and lry . to Witnesses seemed to be unanimoui in their views Hottentots left there is nothing certain can be thit Bantu society that amongst the Coloured people was the y juveniles said about them. is likely that fair number it iuveniles and and It a the men who were the smokers and amongst them smoke dagga, as their ancestors did 1,oung addicts, and tal old women I not the older people. They found it difficult to explain vho personally ., according to the early travellers. { however, what became of the young addicts when'they that they were grery If they did not carry the practice with the; Lagants who, in Bantu, !rp. The to their maturer. years, then it must be assumed that rting when. the 41. In view of the prohibitions contained in the law, they had abandoned it but this cannot be reconciled re also are ther it is quite impossible to get any idea of the full extent with the statement of these same witnesses that that rtain exorcism- of dagga-smoking amongst Natives. Of all persons was something that rarely happened. There is, there- r the north, are prosecuted in connection with dagga offences, Natives fore, no conclusive information on rvhich baie even rring to their life- regularly constitute over 75 per cent., but a number of an approximate e-stimate of the extent of dagga.smoking .herefore must them are traffickers who do not themselves use the amongst the Coloured population, or to whethei But Jhese are iiv drug. A, large prooortion of the prosecuted persons there has actually been anlncrease in their nilmbers in Jagga-smokers, are apprehended in the cities as a result of the circum- recent years. ch are doing it. stances obtaining there (such as, stricter control, more vlnPS Dlcc,c,- police, Pass laws), and these same men would never have come before the courts had they stayed at home. Asiaics. nothing repre- 45. The extent of addiction dagga 42. to amongst rs distinct from The Native population of the Uniou was Asiatics must also remain a.matter for con'j6cture. 7,831,915 1946 and may J-he n, has not been in therefore be expected to steep increase in the number of Asiatiis who were phite man now have been about 8,260,000 in 1949. The- total of prosecuted (from 16l persons in 1945 persons prosecuted to 374 he Natives of Natives for dagga oftences in 1949 was in may poin_t to, an increase in consumpti,on, 12,235, approximately .1949) but (hosa-speaking or 1.48 per thousand of it is very doubtful whether ,it does. It worild rather The population that there is lopulation. -Native of the Orangb lppear fron"! the evidence that the increase is at least Free State was c.699,00O, prosecutions .I8 Loderate use of the 825 or 1 in part attributable to an increasing participation in per thousand. The Native population of Natal, also the traffic.

- fit I ! ,, ri,,li I ,1,

Europeans. F^lgror,s cIvINc RISE To Hauruer Dlcce-suorrNc. 46.,Amongst Europeans dagga-smokiug is geuerally 51. As the Terms of Reference speciflcally request tnr Qurs the regarded as a vice and in consequence it is hardly ever Committee to report on " the causes of the misuse . 56. In practised,by persons are, of daggq ", is necessary to deal with this aspect of ryho or wish to be thought, it iuvenile ur respectable. From the evidence it would appear fhat the inquiry in greater detail than the general statement Native qtadg paragraph, Yo the habit is largely conlined to vagranti-(hoboes, in the last which in efiect says that of the basic and ultimate ,, represe tramps) and criminals. Some female vagrants and cause of the habit lies in social comm9ICe, prostitutes and economic also seem to have taken to the habit. All conditions. Native Afl these different types of European dagga-smokers are Municipal chiefly to be found in the larger citiei where public 52. Where children see dagga being smoked by their C.ourt, thr disapproval cannot make itself felt to the same ext-ent as fitlers and elders, as they amongst Welfare would do Natives and T happen in smaller centres. Coloureds, it is natural for them to ttke to the habit the South t47. themselves. Such is the force of tradition amongst all formed for . European- youths and young men from poor people. There is also the usual phenomenon of-older Boards. homes tend to fall into the habit of smoking dagga as boys teaching their juniors, and of experimenting with ' part-of gang activities. The existence of such gangs, forbidden.things as-part of boyish ging-activityl '57. Th" As Johannesbr which engage in petty crime and frequent parks to lo=af yi!! the drinking of liquor, the herd-instinct urles the gamble, Township, and has been reportd from the Reef. There are individual to conform,-and he who would. han-g back by taking indicatibns that boys froh better class homes also some- when his comrades were smoking would immediately times indulge in secret in dagga-smoking. be classe! as not a families w " sport- ", of all taunts for a boy thL children most difficult to bear. ol school, 22i employmer INcnresr on DlccL-srvroKrNc AMoNGst JuvrNrrrs. r53. The absence of compulsory education in towns, 157 childre rhe . 48. In olden days when the population was where often both parents aie away at work during the nor at wor, largely.rural, it.was common for boys io smoke dagga day,_results in greater freedom from supervisio-n of varied a gr surreptitiously in imitation of theii elders, and iils non-Europeal juveniles, who have no duties such as averzoe of probably still done today. The general complaint about herding s!gc-k-!he daily occupation of boys in rural mar Sin an increase juveniles, of dagga-smoking by however, areas. Lhi. freedom, coupied with the greater !?mpred, p does not come from rural aieas. it comes from the opportunities of meeting o-thers and gettin[ into Native Tor towns and cities. Unfortunately there are no reliable mischief, of teing employed in shady business,.-e.g. as and Alexar factual data to check this statement. We do know, runners for dagga traffickers, of earning money of,iheir the applica however, that there has been an appreciable increase in own, and of org4nising into gangs, all iontribute per cent.) juvenile must the non-European -populition of the urban towards a spread of dagga-smoklng amongst juveniles. 20,000 uner areas during- the last d&ade. This has been caused by ttris is an, the infl.ux of whole families from Reseives and farmj, 54. Disciplirle in disturbing.' amongst whotr there were not infrequently juveniles . non-European families in towns is on in any case thcir- own. These juveniles difficult to mainta-in. Quite apart from the 58. The and the neglected children fact that of divorcees and unmarried mothers poor the father in many cases leaves-home before furthermore ind of or dawn and only returns home destitute families fall an easy prey to the vice of the at nightfall, there is the are not inte towns. other much more important consideration that the them are oit parents' position vis-a-vis their children is not the same live on thei as in the Reserves and rural areas. There all adults Fah-Fee ga 49. The total non-European urban populaiion of the still take a hand in keeping iuveniles in their places and trains, gamt Union increased from 1,102,145 in t936 to 2,429,4g6 inculcating a wholesome fear of the law. Bui in towns . dagga or lic in 1946, an increase of nearly three-quarters of a the parents are frequently not married; the children million, or 43 per cent., in a decade, invblving tens of know that they are not the offspring of the man who ' 59. The i thousands of children. Conditions in towis being happens to be Iiving with thejr frothen thev earn Native juver what they are,.an increase in dagga-smoking amongst money and can fend to be. largel for themselves if life af home -- non-European juveniles was natuial, and iI may ie should become irksome. With the example of riotouf ' xBvEsfigation assumed that the statements made in evidence to- that adult behaviour before them, such as resistance to showed that effect are no exaqgeration. The principal authority (police) of a large and daily- law,breaking in connection unskills6 ir reformatory school for Coloured boys itated that tfie with beer-brewing and liquor se[in]g; with talk, difiere-^e * great majority of his charges had smoked propaganda dagga"European before and frequent insiances of revolt against ali difien : ir admission; and in similar institution discipline. a for and authority, it is small wonder semi-skilled . principal luveniles boys the found that half of them had alriadv rebet ,galnst any restraint which parents wish to impose any Native smoked $agga^an! that one-third bore the distinguisd- upon them. Housing conditions-moreover, make hbme where they c ing marks of dagga-smoking gangs, namely. dots no very attractive place in which to stay, and lack of semi-skilled tattooed on the hand or undeithe ey1. games and sport facilities, and of any r\ averse to pu uselul occupation trequiring fol qhat matter, give rise to idlen-ess and conditions ' to which are a fertile ground opportunity 50. Whilst the increase in addiction to dagga amengst for the dagga evil to flourish. juveniles of all races is disconcertine, skillsd e1 16 it i.fevirtnet6s, these re-assuring to reflect that the increas6 is the iuvesti bv_product Amongst the economic and social conditions determinatior. of the process of rapid urbanisation and indirsiiialisa_ -55. which conduce to the dagga habit, there is one which become, tion now taking p.lace-a process which is entirely in t, cogld be dealt with in a-practical way to combat the present Unior man-made and neither beyo-nd control nor likeiy iir e-vil, coutinue indeflnitely -namely, bad housing-. The Committee his frad of these Nad at so-abnormal a pace. Rj tte the clearest and most emphatic new urban_.populations become stabiliied evidence from several , industry wit and their centres that the removal of slum populations concerned, rlupg condruons improve, so we may expect to *Ofi: 'I ali that controlled housing schemes reducej tfie dagea .uit employment add.iction, to.the drug-.will wane. Ii is'not any * it pfrticularly does many. other evils. One of th6- important in a consider, deadly quality in the dagga plant itseif suggestions wnrch presents it makes to combat the dagga evil is that them. a social problem; rather is it the attention_ should be given -fiousins. economic and social maladjustment to better -[tre But of thi aee which lmproved conditions cannot furnistr confronts us. Our efforts should, therefore, be'directed lousing tult answer to the problem. If juveniles are idle and Ornpn F not only towards fighting the evii of dagga as do not srit, tut know what to do with themselves; if they do not attend Cr arso-.towards, rmproving those social and economic school and cannot conditions which inevitably flnd employmentf,,r,n-lmproved 60. Eviden< produce evils and mal- housing alone wiil not adjustments of various kindi, one of *ntcUlsiiOiciipn -conditions deheci itreil from distributors tr y_ayyar{ behaviour. This raises the thomy question of habit to drugs Native juvenile to wider unemploymeut. as runners an( they cau be 6 IGA.SMOKING. cally request fnp QursircN Nerwn or JuvnNrrs UNnurr.oyurNT. frona this cold-blooded profi,t motive, it would appeat rf the mis'use 56. fn July, 1950, an investigation that a good. deal pioselytizing goes his'aspect of . into Native of on amongst luvenrle unemployment was conducted by officers hoboes,,and.in prisons and ral statement -This of the iirstituiiois. Many dagfa- Native Youth Board of Johannesburg. is a body smokers maintain that they first acquired says that the'habii-in ect of. representatives of social agencles, chambers oi gaol or other places of deiention. lies in social commerce and industries, Governmelt DeDartments of Native Affairs and Social Welfare, the Jbhannesburg 61. There is a sort of camaraderie amongst dagga- Vunicipal non-Europeans Department, the JuvenilE -ieel Court, spoker which attracts the moral weaklines- who rked by their the Jewish Board of Deputies, the Bantu themselves Welfare Trust, to be the step-children of societ]. Addicts Natives and the Rotary Club of Tohannesburg, and quickly recognise the South African one of their kind amongsi straogers, to the habit Trade and Labour Council, anl was as they have for purposes signs lvhereb,y ,to discover kindred sp"irits r amongst all formed similar to those of Juvenile Aftairs and sources Boards. of supply, and like all people breakin! the :rion of older law, a-Jargon_of secret terms known menting with mosfly only to 57. The investigation was conducted themselves. This camaraderie encouragei activity. As in the four digga- Johannesburg townships of Jabavu, Eastern Native smokers to smoke in company,-other and evjn to some nct urges the Township, Orlando and extent to lay aside race and preiudices hang back Moroka. Sampline was done with d pf every 5th regald to fellow addicts. Such addicts give immediately .takine or 20th house.- 5?9 sample &taom one families were interviewed, which together gl0 another_ or their suppliers away. For weak a-nd tor a boy the had mal- children of school-going age. Of theie, 583 were in adjusted personalities the idea of beloneins to a closed school, 22i7 were not. Of the latter again, 70 were in group of this kind must hold consideiable attraction. employment and 157 were not. 5+9 families thus had ion in towns, 157 children of school age who were neither in school 62. As will be shown in a later chaDter which will rk during the nor. at work, a ratio of per 100 i9 families. The ratio deal with the efiects of the drug, dag'sa intoxication rper- :rn of varied a great deal from township to township, anO an produces euphoria, in which the ordinir!, difficulties of rties, .rh as average of about 25 pu cent. is probably the nlarer tte or are at least forgotten, and self- roys rural mark. Since the total of famities in areas ^chsappear in th6 four confidence is enhanced. In this escap'e from the drab- the greater sampled, plus the other areas of pimville, Western qeqs of life and the stresses and s-trains within the getting into Native Township, Sophiatown, Martindale, Newclare individlal personality and Alexandra which it oferi,-Oagga does not ilness, e.g. as is estimated at about 77,600 families, diff9r from the othei intoxicants, the application the naicotiii and drugs roney of their of ratio mentioned ibove (of 25 which mankind has used from iime immemorial. all contribute would pr_oduce a total of approximately it Bgr^^c^ent.) woqld not be incorrect to say that in this escape from rgst juveniles. 20,000 unemployed Native youths in Johannesburg. Ii environment and self which i[ offers, lies the reai reasou this is anywhere near t[e truth, the discove[r is disturbing.' fot th" smoking of dagga. All the other factors which s,in towns is have been considered as giving rise to the habit merely part from the - 58. The employr.nent offcers of the Board found, constitute the sum of ait the unpleasant things frorir 'home before furthermore, that the Native lads who are not in schooi which the dagga-smoker tries to 6scape. becauie he is i, theie is the are not interested in obtaining employment. Most of maladjusted to them and unable to belar them. ;ion that the llem are-oity born. They lounge dUoirt tne townships, lhdt'the same lirg ro their parents, aci as rlnners for the Chin6sd rbie bll adults .Fah-fee ggge, sell articles on the Orlando/pimville Rnr,erroN BETwEEN D^e,ccL-suorcRs AND places and trains, gaqble with dice Cnnrn eup or cards, engage in shuggling SBx OFFENcES. rt in towns dagga or liquor, pick pockets and dfut- mto cridE . 63. A $eat deal of emphasis was laid in evidence ,,1?. f.n" investigators considered the question why by many witnesses o-n the iagt that dagga-smoking was earn Native-juveniles should be unemployed. it was founl a cause of crime inasmuch as it Sioke dowi the inhibitions home to be. Iargely .a matter of wagei and prospects. An normally restraining persons from commit. rnvesugauon mto the existing Wage Determinations tlng crimes; that it was actually ustd by crimiuals before s empa$ing to showed that, whilst different iages ire laid down for on -crime in order to siimulate courage, unskilled juvenile and adult Native labour (th" and that it excited animal passion. di-ffrcrence varying from.6s. to lOs. per week), no such dfterence is made in the wage determinations for t64. semi-skilled Native labour. As result It is obvious that any drug which produces a i of this, hardly feeling of any Native juygniles are- ever engaged in pbiltionl self-confidence which did-not exist'before and which, when used to excess, takes person where.t!.eV. could eventually qualify-foi employment as hold of a in such a, way that afterwards he semi+killed operativ-es, emlloyeis natuially being often does not r?member r\averse.- to paying juvenile wtrat he was doing, must lead to the commission of full wages-foi hbbur stili crime, ' 'requu1ng to be trained. As mere manual 4115ough perhaps orily in certain individuals. work without ln this connection oppgrtunity for improvement, or farming whether it is necessary to rerirember the si

- 50 per of 75. Thr 66. However, no confirnation for the view that with long experience estimated that -cent' and the tr dassa-smokins is an important factor in crimes of Colouredconvicts in prisons were dagga-smokers, 25 jn Der cent. of Eurooean convicts and not more than 10 " hereunder viiience is to- be found an analysis made of the 'pe. criminals in the Cape of Nativ6 co4victs. [n view of what witnesses figures fo: records of 300 non-European "ent. Peninsula. Of these, l9'3 per cent', or almost one' with an intimate knowledge of prisons said, the state' fifth, had convictions for dagga offences. As regards ments of other witnesses to the effect that dagga never crimes of violence and sexual oftences the two groups found its way into prisons must be heavily discounted. rh"-"d rtttr"tty th. Total proser Dagga... .. I *un | *,*o,, 71. Prison personnel found convicts who had smoked i Dagga I Dagsu manage, Housebreak I Convictions. 1 Convictions. dagga to be very difficult to PlSnacious, tl dailerous and pos-sessed of more than normal strength. Robbery... Perions senten6ed to death, who are allowed spccial o/ privileges, have sometimes asked' for permission to Assault witl Crimes of violence...... 64 60 smoke dagga. (Co Sexual offences. 10.3 9 Assault Drunkennes

Native Pass 67. From the above table it would appear, if any 72. If prisons cannot be kept free from the drug, then small a other types of reliance is to be placed on the analysis of -s.o the task-is obviously more difficult in number, that wheiher a person is a dagga addict or not institutions, such as work colonies, where the has little to do with tf,e type of crime he commits' disciplinary regime is much less severe. Most of the The Committec feels, however, that much more worli coloiries are in areas where the soil and climate accurate analysis and information about cases are are not unfavourable to the cultivation of the plant; 76. Tht required to niake any categorical statement possible' and even if it were possible to prevent the inmates from expressed tending plauts, theie are alwiys pegple i9 the neigh' offe-ces, who either produce or trade in the drug,- and gr, whr expressed the view that bourhooil 68. Many witnesses -dagga- can be obtained. considera' the offenr offences' but the from whom supplies These smokins leil to the commission of sex possibility of weaning addicts from the increase i does stimulate the tions make th6 oppositE view, that the drug -not colonies seem remote unless sustained put with equal conviction drug by detention in woik s,iiual impulse, was forward sucfi an institution could be established in an arid' 1946l. 14 However, this was a question on which only by others.^ sparsely populated area, like the North West Cape, and 19,143. \ could speak with authority. The majority few witnesses all outdide communication virtually cut off. the above were obviously only stating beliefs, not knowledge. there was After making i[owance for ihe fact, empiasized more in the pr than once, tnat tne drug affects people in different ways, attributab general, dagga-smoking it appears safe to saylhat, in In reforrnatories for boys, dagga'smoking is also The mark but that on the contrary 73. doe!-not act as an aphrodisiac, a problem requiring constant watchfuh.ress, owiug to the is probab it usually has the opposite, that is, a sedative effect. proportion boys come from 'noting thr said to fai:t that a lirge of the Amongsi Natives, hiSitual dagga-smokers.--are^ is easily acquired. The move in u Bourhill, from his surroundings where tlie habit be indlifferent to women, and Dr. principal one institution thought, that a-bout 60 per in the Lunatic Asylum ^of of orolonsed observation of addicts ient. his charges would smoke dagga if they could tas it ias then called) at Pretoria, came te exactly the found practically all the The smoking set it. Another had that iame conclusion. (Bourhill, C. J. G.-" his care had smoked before commit- Africa and boloured boys in of dagga among the Native races of South Supeivision is, of course, strict, but since the 1912, M.D. Thesis.) ment. the rdJdtant eiils "-Edinburgh, object is t-o refqrm character, other methods than that of-routine search of boys who have been outside are employed. Witnesses said that despite vigilance soEe Usn or Dlccl IN PRISoNS AND OrrrER INsrIruuoxs. sm6tiirg sfill went on but that the oftenders were, in 69. Much evidence was given to the effect that their ofinion, generally caught. They were.caught in prisons, despite strict control, cannot b9 kept entirely possession of the drug, actually smoking, giving qtoney iree from digga-smoking. There is daily contact with to others to buy foi them, and one was even found the outside world in various ways; supplies and stores tending a small-plant. The general opinion -was that are brought in, visitors come to see the inmates' boys accustomed to the drug would, upon discharge, convicts fo out to work, and there are new arrivals and tedd to return to their old surroundings and that they dischargei. Money, tools and various items of use to might easily revgrt to their former habits. orisoneis are smuseled in despite the utmost vigilance. The money is used-to pay for forbidden articles and to attempt UiiUery. The cbming and going of convicts createi the opiortunity-where -to of sending iessages, making arrangements find hidden packets and PnosscuttoNs F'oR OFFENCES IN CoNNEctroN wtrtl organlsing a system of warnings. Convicts who are Daccl. allowed to work outside sometimes cultivate a plant 74. As the substantial increase in the number of here and there in secluded parts of the gardens where prosecutions for dagga offences was one of the reasons thev work. Bv veritable ileight of hand feats they fbr the appointment-of the Committee, an analysis.of tle mairage to gain possession of plckets of the drug under nature airi the scope of these prosecutions islndicated. the v6ry eyes dt warders an? secrete them on their A somewhat unusual aspect oI prosecutions for dagga persons. fhe most extraordinary items are smuggled offences is that these prosecutions would appear to be into gaols per rectum, the favourite method. The seed largely the result or the by-product of poliEe activity of dlgga is said to be in special demand. Equally in otf,er directions and not specifically directed to the great lngenuity is, of course, exercised to remain un' detection of dagga oftences. The search for evidence detected-wheri in possession of the drug in gaol. of other crimes leads to the discovery of dagga, and the arrest of offenders of all types often results in dagga 70. Many witnesses maintained that dagga'smoking being found on their persons. Hence Jhere exists a was a habit often first acquired in prisou. Some relationship between the total numberidf prosecutions declared that imprisonment was quite useless as a for all offences and the corresponding total number of punishment or cuie for addicts, as one could never be prosecutions for dagga. If the one rises, one must iure of complete withdrawal. A prison superintendent anticipate that the other will also rise. per cent. of 75. The total number of prosecutions for all offences 25 and the total r-smokers, for those conriected with Oagga are giten Blven to aftord some basis of comparison. l0 hereund-er years The ratio more than for the 1945-1949. fn i"aOitionl tne of each-figure to the annual totaltf prosecutions, vhat witnesses figures for centain oftences in selected as controls are also terms ot a percentage, is given in brackets. aid, the state- t dagga never ly discounted.

prosecutions Total for all offonces 856,349 Dagga... 968,539 1,019,912 1,o91,696 1,170,502 9,101 7,786 l0,tg1 14,ag 16,170 o had smoked (r.M2%) (0.E03%) (r.o%) Housebreaking and theft (r.342%) (r.sE%) , pugnacious, 12,391, 13,083 15,023 14,620 13,583 rmal strength. (1.446%) (1.3s%) (1.47s%) (1.34%) (l.t6o/o) Robbery 4,420 llowed special 5,246 6,01 1 6,492 5,777 (0.516%) (0.541%) (0.se%) (0.595%) (0.493%) permission to Assault with intent to do grevious bodily harm.. 19,3t2 20,853 24,s96 29,475 28,O19 Assault (Common) Q.2s5%) Q.ts6%) Q.4ts%) (2.70%) Q.39s%) 48,869 49,638 52,685 55,985 54,130 (5.6e%) (5.125%) (s.17%) Drunkenness. (5.13%) @.a%) 57,788 90,589 82,746 83,449 81,903 (6.75%) (e.35%) (8.12%) Native Pass Laws (7.64%) (6.e8%) the drug, then 79,735 75,898 82,149 81,640 I 15,380 rther types of (e.31%) (7.86%) (8.07%) (7.47%) (e.86%) where the Most of the il and climate of tle plant; 76. The trends revealed the flgures, by above ..77. In dagga cases, approximately 96 per cent. of , s from expressed as a percentage prosecutions inr of foi ali all prosecutions result in ionviction, ttrus i- in .-- neigh- ollences, may be compared with one another in the the drug, and graph which follows. The downward trend in most of rese considera- the oftencss shown may in part be attributable to an Percentage, dicts from the increase in potice streirgth,'whi"h [;;;;"ias not remote unless sustained in 1949, the figures being: 1945; 12,779; d in an arid, \2q9, A,743; 1947: tf,6vi 1948-: 20,588; tg4g: 9,101 8,744 95 .8 /est Cape, and 19,143. Whilst the ratio for the various crimesiisted 7,786 7,493 96.2 in .6 ft. the above table and the following graph tended to fall, 10,197 9,771 95 there was one exception 14,648 14,016 95.6 to thiJtien^

IIECTION WITH

.he number of of the reasons r analvsis of the ,ns is indicated. tions for dagga ,d appear to be police activity directed to the :h for evidence dagga, and the esults in dagga i,nthere exists a iif prosecutions lotal number ot :ises, one must

- l0

PsncrNtA,cr wHrcH pnosrcurroNs ron Dlccl OnrsNcns llqp Csntathl Ornen OrrrNcrs Consttturs or ALL PnosrcunoNs. o,//o IO

79. In 11 Coloureds per cent. ol dagga, and of them. Europeans, in their ral dagga offen cent, respe( reverse'per is tl ^ent. ( forn ,75 fortunately is actually consumptio: greater sopl tion, on the

80. In vir is generally arrested fo that the up Laws in l! proportiona possesslon

4

o*""ql!*#

HorrJb.""king "nftg t)a- a.Ilo 3!E: -aO'O'

,945 t94 t947 tg4 tg49 I1

R.c,ctA,r- DrstnmutloN tN Dic.ccA, PnosscurloNs, rrrurs or ALL

9,101 7,786 to,t97 14,648 . 16,170 123 tt4 159 205 275 (1.3s%) (t'46s%) (r.s6%) (r.4%) (r.7%) 7,335 6,109 7,889 I 1,185 12,235 (E0.5%) {08.4%) o7.4%) Q6.4%) Qs.7%) r6t 150 l6l 221 374 (1.72%) (1.92s%\ (r.58%) (t.st%) (2.315%) 1,482 1,4r3 1,988 3,O37 3,286 (16.3%) (18.1s%) (te.s%) Qo.7%) (20.y%\

79. In 1945, the Natives with 80'6 per cent. and mean that dagga is not so commonly found on the type Coloureds with 16'3 per cent. together formed 96'9 of persons usually arrested when Pass Laws are applied per cent. of all persons prosecuted in connection with more strictly. ilagga,-ih6m. and in 1949 they still formed 96'04 per cent. of It seems rerirarkable however, thit whilst Trnnnontlt Dlsr.nrsurrox oF PRosEcurIoNS FoR Europeans, Asiatics and Coloureds all show arr increase Dlcce OnnrNcrs. prosecuted for in th?ir ratio to the total. of lrersons 81. The territorial distribution of prosecutions, and (namely per per cent.,25 per dagga offences 26 cent,,34 the relative increase and decrease of prosecutions in the years 1945 1949), the cent-. respectively over the to different Police Divisions are given in the ,following who showed a 6 reverse'per is the case with the Natives, table and in the graph immediately following it: cent. decrease during the same period, though - fbrming 75 per cent. of all prosecuted persons. Un- Tpnxnonllr- DrstnnurroN on PnosncurtoNs fortunately it is not possible to say whether this drop ron Dlccl, OrrsNcgs. is actually due to a proportionately lesser production, consumption or trafrc, on the one hand, or to a greater sophistication and adroitness in evading detec- tion, on the other. Cape Western. 815 '782 1,387 2,268 2,528 Eastern.. 749 726 stated, dagga Cape 704 1,0E9 1,008 80. In view of the fact that, as already Kimberley. 280 194 244 416 4J0 is generally found in the process of searching persons Trpnskei.. 135 79 125 223 154 arrested for various offences, it seems worth noting Natal... 2,866 2,135 2,646 3,765 3,744 that the upward curve of prosecutions under the Pass Orange Free State...... , 287 220 494 629 825 produce Witwatersrand. 2,485 2,325 3,033 4,085 4,773 Laws in 1948-1949 did not a corresponding Transvaal. 1,484 1,325 1,564 2,173 2,708 proportionate rise in prosecutions of Natives for the possession of dagga. This might be interpreted to

tg49 t2

E2. The trends in so the resulJ o: PnosscurroNs FoR On'neNcEs rN DrrrgngNT Por-Ice DrvrsroNs. RsrlTrvE INcrsAsB lNo DecnBlsB or Decc,t police activi perhaps evt cannot posl 1945 t946 1947 t948 1949 Police Division consumptio: the congru Division, w Siate Divisi time these steep rise contrasts st same periol would havt pronounced remarkable fluctuation Witwatersrand These diffe: tor differeff the consun lattet is a exists,

83. All I Transvaal wer rre g: by . . toll ^:::

CapeWestern

European M European Fe Coloured M Coloured Fe Native Male Cape Eastern Native Fem: ToTAI

84. Fror particular 58 per cen Orange Free State constitutec in reconcil ments of r the habit. of r' add or. -cth are theref< as dagga Kimberley I by-produc the Comn sistency ir iq fact, in

Transkei

TIIE I

85. Wh wild grov I wind anr I 1,. l appears t weed. E Very mei possibilitl of rivers r no.specifi oPrmon I 13

82. The foregoing data show markedly different the weed becoming established in such quantity as to uends in some of the Police Divisions and are probably warrant the application of preventative ior remedial DrvrsroNs. the result of variations, not only in police strength and measures beyond those already in existence or suggested police activity, but also in the application of policy and in this repbrt. perhaps even in policy itself. Prosecutions, therefore, possibly actual 86. The reference in the last paragraph is to the cannot bear any close relationship to plant consumption. There can be no other explanation for Cannabis sativa, or Indian Hemp, the dagga with congruence the curves the Cape Western which this report is concerned, and should be the of of distinguished plant Division. which is strongly urban, and the Orange Free from the Leonotis leonurus R. Br., commonly known minaret State Division, which is largely rural, when at the same as flower, klip or wilde dagga. time these two curves differ from all the others. The steep rise in the Orange Free State in 1948-49 Cur,rrvlrBp Gnowrn. contrasts strangely with the drop in the Transkei for the 87. Owing to the clandestine nature of the trade, same period when from the nature of these areas one cultivation is carried on mostly in areas remote from would have expected them to move in unison. The control and where road and other communications are pronounced dip in the curves during 1946 is no less difficult or lacking. These conditions are best found in remarkable, since it cannot be correlated with any localities under Native occupation and the evidence fluctuation in police strength-vide pangraph 76. conflrms that, apart from European-owned farms where These difterences are all obviously attributable far more casual crops are sometimes grown, the main and regular to difierences in police activity than to fluctuations in sources of supply in the Union are the Native Reserves. the consumption of dagga; and it is safe to say that the There the risk of being betrayed by compatriots is latter is a point on which the greatest uncertainty still slight or non-existent and the only danger lies in the exists, discovery of dagga on land with which the grower can Tne Acs oF DAGcA OFFENDERS. be identified. Where inspection is, therefore, to be reckoned with, the growers prefer to cultivate the plant E3. AU witnesses agreed that youths and young men in secluded spots which carry no identification. greatest Ihey were the smokers of dagga. This is borne out know that in these circumstances proof of cultivation by the following analysis:- is almost impossible. This applies both to the Reserve Age of Dagga Ofienders in the Cape Peninsula over o and to farms where for various reasons, such as extent, Period ol Two Yeos. inaccessibility, absentee ownership or lack of interest, there is no effective supervision. L L, Lo lou".l 88. The Western Transvaal produces some dagga Ito t4lto tglto30l :o I totat. which is said to be grown in maize lands by NatiGs vears.l vears.l vears.l and others, but the quantity is probably The lvears.l limited. bulk of the dagga grown in the Union for sale comes European Male...... 42 l5 66 from the eastern and northern portions of the Trans. European Female...... I I vaal, including the Blauwberg and Zoutpansberg dis- Coloured Male...... 1,721 769 2,9U tricts, the escarpment all along from Groot Spelonken Coloured Female...... 36 27 64 to Tzaneen and Leydsdorp and west to Chunespoort, Native Male. 188 127 328 Native Female. 15 l3 28 and the Sekukuniland, Bushbuckridge, Nelspruit, Bar- berton and Piet Retief districts. Mention is made of TorAL... heavy production also in districts in the eastern and north-eastern Fre.e State with Bethlehem as tle central point; most particularly 84. From the above table it will be seen that in this in of Natal and Zululand, particular area the age-$oup 20 to 30 years formed along the Tugela River and between the Black and White Umfolosi (mainly 58 per cent. of the total, whilst the group over 30 years Rivers; in the Transkei Lusi- constituted only 28 per cent. There is some difficulty kisiki and the coastal districts); and, it would sedm to a lesser parts such in reconciling these flgures with the oft repeated state- extent, in of the Ciskei as the Keis- kama Middledrift, ments of witnesses that youthful addicts never abandon Hoek, and Stutterheim areas. The Alexandria, the Cape Provioce, was men- the habit, unless it were assumed that a large proportion district of in the production of the addicts die after the age of 30-which is absurd; tioned by witnesses as main source of or that ihey grow more wary as they grow older and for Port Elizabeth and Uitenhage. are therefore, caught less frequently-which is unlikely, 89. It is generally admitted that much dagga was as dagga prosecutions'are, as pointed out, a fortuitous produced in the Western Province prior to 1928 when by-product of police activity. The conclusion at which legislation made its cultivation illegal. Since then, its the Committee arrives to explain the apparent incon- cultivation in these parts seems to have been dis- sistency is that a proBortion of youthful smoke,rs do, continued, presumably, to give one of the possible in fact, tn the course of time abandon the habit. reasons, because of the cultivator's fears that in a relatively thickly populated area someone else might reap his crop. 90. Speaking generally, it may be taken for granted CHAPTER III. that the weed is grown in varying quantity in every high rainfall area in the Union where there are Natives and where clandestine cultivation is assisted by favour- TI{E EXTENT OF THE CULTIVATION OF able topographical conditions. DAGGA AND ITS TRAIIFIC. Tnerprc FRoM NETcITBoURING TsRRrtoRIns. Wrin Gnowrn. 91. Of the territories adjoining the Union, Southern 85. While almost all dagga sold today is cultivated, Rhodesia and South-West Africa contribute little or wild growth is not unknown. The seed is carried by nothing to the supplies flnding their way into the wind and water and, given favoruable conditions, country. Although grown sporadically in the Reserves appears to establish itself with the facility of any other of the Bechuanaland Protectorate the dagga there is not weed. Evidence of the existence of wild growth was considered of good quality or strength and the market yery meagre, however, and pointed only to the appears to be found locally among the Masarwa possibility of casual plants being found along the banks (Bushmen) who barter skins for dagga. Police records of rivers or streams. With the exception of one district, for Bechuanaland reflect 120 prosecutions for dagga no speciflc areas of wild growth were mentioned and the offences in 1948 and 25 inL949, the quantities of dagga opinion was formed that there was little likelihood of destroyed being 29 lb. and 12 lb. respectively. t4 92. The heaviest imports come from Swaziland but returns of prosecutions for the Bethlehem and Clarens .ofle the extent to which this territory is used in the transit districts_ where, during the flrst five months of 1950, pho 9l dlggu from Portuguese Easl Africa and parts of some 37,300 lb. of dagga quantitv .trafl Zululand,is,difficult, were seized. Of this if not impossible, to deiermine. ten and one-half tons were obtained on a sineie fan;. evel The mist-belt in Swaziland is rep-orted to produce dagga and 8,000 - ..re8-" lb. frdm a single grower. the of a quality much in demand. It is kn;wn as otht d-aggq and commands a higher price than thit grown in, Venrous Mernoos oF TRAFFIc, elsewhere.. Figures in resp6ct of dagga corrnscai'eo by WHouslrr aND ext€ the Swaziland Police corro-borate evildEnce of traffic on Rrrerr,. will 1 considerable sqale, certainly larger than that from 98. The information in regard to the individuals and glve Basutoland which is also m6ntioried as a source of organisations behind the traffic is conflictins aud un- con much of the Union's supply. reliable, and is based mostly on hearsav-evidence. con With one or two exceptioni 93...The following figures police there was a marked Iro{ of confiscations in reluctance by witnesses afleged Swaziland^ offer an interesting coirparison -its to have been associated ,sell with those of with the trade to discuss personalities and their the adjoining police area of Nelspruit; but, as mentioned 1..' modus operandi in obtaining and distributing dagga. above, due allowance must be made in both cases for l dagga,_ seized whilst in transit from other areas, ' 99. Information was vouchsafed to the Committee, '1 including Portuguese however, ..master- East Africa : - which discounted the possibility of a 'Elrei mind" or central monopoly of the trade ind established the doubt that it was ionducted P.y.o+d on an independent, 'Rg* -- Prosecutions'l Confiscated' individual and highly competitive basis. This is borne tow I I out also by the fact that theft of each otherrs supplies ttr" is common among dealers and -16 has constantlv be ltne lb. guarded against. It is certain, too, rhat is 1948...... 326 24,366 Blis 1949...... ,..... cent.red in.the more populous areas, where the"ohtrBt largest 323 10,051 retail cai 1948...... 299 25,684 markets are to be found, and that poweitul Pro 1949...... flnancial interests 477 31,708 are backing the trade. Thjcontrol- Eat ling element- rarely handles-the dagga and in many 'Ret c-ases- is probably unknown to the i-unner and retail 94. The evidence points Tre, to a fairly steadv traffic distributor. .art( over the Union and Swaziland borders from poitugucse 100. All racial elements Tra East Africa. A police witness in Zululand,-border, whose area are represented in the whole- extends sale and retail trade. Asiatics aie are to th€. Portuguese East African said speciallv'buying mentioned that it was lairly easy for pedestrians to cross the qf lgirg associated with the whoiesale and Prc boundary.. There were no refular police patrols along distri.b]rtion of dagga in Natal. The evidenie Ee"rty identifies .,' the river but there were boider guards ind customs the Native, however, as the most active and l officers. The particular portion oI territory bordering numerous class of grower and trafficker, and it is some- acc on his area was, however, not suitable for ihe growrng what.surprising to flnd that in the Western province are of dagga. Another police witness in Swaziland iestifiei wlth.lts .large.potential of Coloured users of dagga ttre eve supply to observing cultivated dagga plants in a district of and distribution of the drug is for all piioiJat tral pul'poses the pol !*o{uguese East Africa UorOerin-g on Swaziland and the monopoly of the Native Union. Although dagga is sta6d to be prohibited mo in .l-01. Generally speaking, ttre grower's interest ceases Portuguese East Africa, the.impression foimed by this dal wlth the sale of the commodity to the wholesaler, who wit '"vitness _was that the growing- of the weed was not in turn passes it on the regarded seriously. to retail distributor. iurro.r, rus Where growths were found, the and hawkers are employed by the retailer pjggedur_e was generally and these to order their destruction, and make contacts with consumers in every town, rt tne otence was repeated prosecute village to the ofiender. and even farms where the demand exisis. 95..In regard to Basutoland I . it would seem that dagga 102. In the larger towns retail distribution is easily grown the districts is carried by in and that, despite pofilci on extensively by Native women and non-Eurooein precautions the border, e.{l .on export fiamc is rirainiained juveniles of the workshy and wayward type. Nitive to centres in the Union. Topographical conditions ricksha pullers !us make police in Natal-also engage in thdtraffic'ind work difficult anA-tUe lack of road thelr bases o_r " yards Eu communications " are reputed-roadworkers to be wellknown facilitates export over the boundary centres for the trade. Native the by-- human animal were also or transpbrt to secret points oi mentioned as being active retailers, owing wit collection in the Union. Theiecords doubtless to mc for daeei off"n.", l.he. Iarge aggregations of men usually Jmployed in Basutoland show confiscations in l94g and for ;;d lSqg of their isolated roadside camp conditioni fav6uring sUch 2,913 lb. and 908 lb. respectively. traffic. vill tak 103. In- r-egard to por D,rcce Curttverro FoR INDIvTDUAL UsE AND FoR illicit liquor shebeens, which are Tn,lrrrc. conducted for the most part-by Native women in the dif industrial areas, the evidence falt 96. Rural Native addicts sliows that whereas those admitted in evidence that on the Reef not prominent centres req they grew their own requirements and .were of supply oi there is little dagga, a similar position did not obtain in ttre cbistat do_ubt that,_ amo-ngst dagga-smoking tribes, a consider- towns drug was freely on sale. This is also l able quantity of dagga is retained for domestic use. true of^where-,the the brought illicit bars which exist in and around Cape _ por It ls out also on social and ceremonial Town and are stated to cater - ocs?sions and, as one Native for a type of Colourid us( Commissioner put it, patron who wished to avoid the ordiiirv public otl " (the tribal Natives) have little excitement'in bars IhqV life owing to the rough and rowdy element the and look forward to occasions irsualty fouud such as weddings and there. pu: other events when they can go a bit wild.', cor I04. So lucrative is the trade that 97. The vast bulk of dagga produced employees handling mt - in Southem the dagga can rely on maxim,m nnanciit support Africa, however, is for sale. Tlie quick and lucrative ii Th fall. foul of law. Wages are paid whilit they returns attract growers of all races and the large lhey *the hauls are- serving a gaol sentence and their-dependants arb of crops of dagga periodically made"by the maintained pollce,growing during the period of their iircarieration. rndlcate the readiness of even well_established Money. for flnes and bail tra agriculturists to risk penalties is invariably forthcoming, the of the law in an ostensihly through the wife or husband dar @ftort to clear substantial profits. bf the accuset Some idea of the and, if a flne is inflicted, it is the exception sel magnitude of recent police conflscations given foi thi is in the alternative period of imprisonment to be' served. In tht 15 em and Clarens .one case on record a European at a distant city tele- ll0. Where the approaches to a city are limited, as ronths of 1950, phoned the police at the centre of conviction of the in the case of Cape Town, and there is danger of police 3f this quantity, trafficker offering payment of the flne. There is thus interference with traffic, consignments may be dumped n a single farm, every inducement for loyalty to the employer and for in some unobserved peri-urban locality and fetched the marked unwillingness of apprehended persons and later by ah agent, or they may be transferred to the others concerned in the traffic to disclose information commercial vans of reputable firms which make regular in regard to its ramiflcations. This characteristic delivery journeys beyond the city boundaries. The f,LESALE AND extends also to the consumer who, for obvious reasorrs, drivers of these vehicles are not suspect and the risk of will generally not reveal the identity of the supplier nor search is negligible. At one Cape centre attempts to individuals and give information as to his place of business. Most divert suspicion from Natives were made by European flicting and un- consumers who were questioned on these aspects were woodcutters who conveyed dagga in carts to a nearby arsay evidence, confident that they could at any time purchase dagga market under piled-up loads of flrewood. The line of was a marked from apparently well established and permanent local reasoning followed in this case was apparently that been associated' sellers to whom they were known. whereas the police might require suspected Natives to lities and their unload wood for purposes of search, this laborious task : :ributing dagga. was unlikely be insisted European in MslNs AND METHoDS oF TRANSpoRTINc Decce,. to on with a control of the cart. the Committee, 105. While the distributive organizations embrace all ty of a "master- areas of demand from the city to the hamlet and farm, and established the main flow of traffic id from the rural Native. CrANpnsttNs Tlxr Spnvrcss. an independent, R.eserves and the eastern High Commission Teritories 111. Owing to restrictions which have been placed is borne , Ihis towards the larger urban and indirstrialised centres of upon the entry Natives the Cape Peninsula to otherts supplies of to the Union. The principal supply routes radiate from prevent large scale unemployment, the sale of railway onstantlv to be 'the Transkei to the Reef. and coastal ports; from tickets is limited to those actually taking up work within that is co;tr;l Bdsutoland and the Western.Transvaal to tie Reef and that area. This has given rise a clandestine taxi here,Ae largest to Cap.e Town; from Swaziland to the Reef, Cape service between the Native Reserves and the perimeter th 2owerful Province and Natal; from Portuguese East Africa, the of the prohibited area, which is stated to be concerned :. I'ne control- Eastern and Northern Transvaal and Free State to the also with the transport of dagga. The evidence r and in many Reef;' and from Zululand and Eastern Natal and quantities nner and retail establishes that large of the drug aro Transkei.to Durban and Pietermaritzburg. To avoid conveyed by Native taxis registered in the Union and arterial roads and the police, consignments from the that these cars often travel distances of over a thousand ed in the whole. Transvaal to the souihern portions of the Union miles for supplies. :ially mentioned are sometimes routed through the Bechuanaland rle buying and Protectorate. evidence clearly TnaNsponrlrroN BY. RArL. most active and .' 106. Emanating largely from mountainous and in- ll2. Notwithstanding the increased use of the motor , and it is some- accessible country, the initial consignments of dagga vehicle, a considerable volume of dagga is transported 'estem Province are conveyed by human headload, animal transport and by train. In such circumstances it is not unusual, as :rs of dagga the even bicycles to suitable points of concentration. This a guarantee of good faith, for the seller and buyer to for all practical trafflc is careful to'avoid all localities susceptible to travel together for a short distance after which delivery police surveillance and cbntrol, and is suspected of is taken and the buyer continues the journey alone. moving mostly under cover of darkness. Once'the Sometimes a third -warningparty is employed to mix with s interest ceases dagga is within reach of the road, the motor vef,icle passengers and give of unusual vigilance or wholeialer, who with its greaiei mobility takes over and supplies are bf the. presence on the train of suspected policb rutor. Runners rushed to their destined markets.l informers. ,ai]er and these ry town, village ' its. Dnvtcns ro AvoID DrrrcrroN. 113. When the railway becomes the channel of 107. Fast and rnodem cars are apparently preferred conveyance, precautions are taken to disguise the odour rution , is cariied by the trafficker'on the assumption that ihe more peculiar to drying dagga. If it is not packed in well- . non-Eurooean expensiveJooking vehicle is less likely to excite wrapped or air-tight containers, such strongly smelling I tJ- Nitive srispicion, especially if it can be identified with agents as pineapple skins or naphthalene are employed r the -^afrc and European ownErship. To give support to this theory to divert suspicion. Spray-pumps with powerful be wellknown r the car may be driven by a European or by a Native disinfectants and insect repellents are also used by rkers were also passengers prove with a European aS passenger. The journey is made whose " luggage " might otherwise an ing doubtless to more oi less openly, at great speed and with intervals embarrassment in the limited atmosphere of the railway employed and for rest in the country rather than in the iowns or compartment. favouring such villages. With the less oliulent looking car travelling takes place mostly at night on quiet roads and, where ll4. lf. the journey is not terminated at dn un- rcns, which aie possible, urban centres are avoided. In some cases attended halt or station near the prospective market : women in the different cars are used to accomplish the journey, or or if there is risk of detection or theft in the city, tho rt whereas those false.number plates may be carried and adjusted as consignment may be left at the parcels office at the es of supply of required to disarm suspicion. terminal station to be fetched later by a " messenger ". n in the coastal Should the latter be apprehended, the modus opaandi le. This is also 108. Precautions are generally taken against the usually followed is to plead casual employment, rd around Cape * possibility of judicial conflscation of the vehicle by the ignorance of the nature of the contents of the luggage or pe of Coloured use of a car registered in'the name of an individual parcel and of the identity of the.employer or depositor. ary public bars qther tfql the trafficker or by-other the ostensible hiring of The same procedure is observed when luggage is sent .t usually found the vehicle as. a taxi. fn cases bogus fire- in advance of the passenger. In tlis way the difficulties purchase agreernents. may be entered into slo that if of the police in securing. convictions for possession of conflscation ghorild occur it would be revealed that dagga are accentuated. rloyees handling m-uch. of_-the alleered pnrchase price was ncial support still unpaid. if The " seller " would thus suffer-little, if any, loss. raid whilst they It5. A senior railway police officer considered that dependants are only a small percentag-e irt Oagga offenders on trains r incarceration. 109. The trade has not confined itself to surface were discovered and that such cases wefe often ly forthcoming, .transport. Cases are on record of the conveyance of fortuitously discovered, as when arrests were made for dagga of the .accused by.air and the use of aircraft for the prirpose of other offences. Of 134 persons charged last year at selecting an area strategically located and suitable for one large iailway terminui, four caseJ.were cqricefuted lception for the . the.cultivation dagga. .:,' " be served. In of : with quantities exceeding 50 Ib. each. {fi r' ll 16 I 'l tir 116. There was evidence that considerable ouantities l2l. A comprehensive cross-section of the evidence i;teke, of. dagga were also consigned as goods ad ji and thit in one and the memoranda which were submitted, suggests rQof$ { rnstance pockets of dagga lll were anchored by their four that the price range, as charged by the difterent ciisses corners inside bags of maize. At anoth6r .-labourer iil centre a of traffickers, is approximately as-follows:- 1for, gxp consignment.of dagga.which was being watched by the ,1, :l Producer ...... 2s. 6d. 5s. .maizo o: police remained unclaimed, a fact- which suggests ... to oer lb. ir Wholesaler 10s. pei itbey mt possible collusion between officials and traffickers. ... to 20s. lb. Retailer 2s. 6d. to 53. per matchbox, ivallpys, i, , or 6d. to 2s. per wrapped roll of I oz. or lesi l9W.P9rs 117. Railway police, like other police authorities, $1own to consumers as a..zoli,,,,pil', or '"',127. may only " kaartjie'). i search on reasonable suspicion. The smel of fartnet 4agga is regarded as sufficient authority for search. Exponr on Deccl. knowlec Discovery of dagga on the railways would seem to be propertj deDendent 122- T!.was.suggested at present, mainly on prgvious information by several witnesses that dagga 'is the L and the sense of smell. Wiih regird to the latter, the was findilg its_ way into ships for export and 6'ie riiittee, Commitlge..suggests in. a later i.ction <"f p*. ZS:l abroad. The Committee was-told, for-instance, that approac the. possibility of because the police beneficial results by the uie ofspecially had tightened up supervision in a report, I trained police dogs. coastal centre, a new market was found ii the shipping the exist calling at the port. This had become so larse as to a prejudice regular supplies to the urban consuirer. It ,,Y'lh was said that. every opportunity existed for getting the i' 128.' pnontrs. -witlin' c_ommodity abroad from small- cgaft"waj plying -talien ttre q*,large dock area. Alternatively, 'rocognis ...118- The p-rofits attgching to,transactions in the drug, it abroad Iike those of most illicit irades, concealed in luggage and bedding. In another case view of are high, and at I possessi conseryative estimate are never less than-2dO Ietters had been received by a witness confirming that Der cent. the exh From the dealer's point of view the attractio'n dagga taken to the United States of America had*bedn of the function trade is undoubtedly the easily earned income flowing sold there in the form of cigarettes at 2s. 6d. each. from rapid turnover ':' trati on invested capital. While thE 123. In the course of its sittings at the larger coastal p{g.se.Tt rate,s of profits and quick returns obtain, a-i Prc so long centres .this. aspect of the traffic was the iubject of .umons will the inducement to perpetuate the traffic continuE special inquiry by the and means Committee, but as the evidence ,# in disco of suppresiiori u" i-pioio-----T-here is, was almost entirely of a negative nowever, and hearsay character on fail the prospect that increasing police vigilance it was not possible to verify pesi1ie1. -,;-ffos and drastic "entail the actual material activity against the tlrade wilt police have no direct evidehce that dagla expenchture on precautionary is exp&ted in the e measures to a degree overseas from the Union and, with one exc6ption, which may seriously affeit its payabilitv. more where a quarter of a pillowslip especially of dagga-ieaman, was found in when the Iimited purchasiirg- power- of the the effects of an Ainerican negro average consumer this is is taken into consideraiion. corroborated by witnesses from-the Depariment of Customs. The possibility, however, of thetxistence of such traffic, notwithstanding lack of evidence, should 119. - In so far as the organisation of the traffic and not lightly be dismissed. Ifis fairly certain, moreover, l.i the maintenance and traniportation of suppties ana that dagga is supplied to individual personnel. visiting seamen foi THE are concerned, the'outlay woutO ap-f,eai to Ue their own use. considerable and,,in the case of ihe larger^'a"ater, to Trn demand substantial working capital. Costiare sovemed CurrrvlrroN By FARMERS AND FARM Lenounens. largely by risks incidental-to ihe service anO'emtruce 124. It was alleged witnesses such itels p?yment by thbt European a: +g of flnes and tegileipenses, tarmers" were, to some extent, conceined - t29.'. bribery of officials (in regard in the to which theri is cultivation and sale of dagga. In addition producing (Connal oI couusron ".,]idence to in the conduct of the trade), highly paid f-or purpose Greek tr drivers of sale, some farmers, it was iaid gre# for cars and taxis, long road li.riiii,i".'tv dagga or permitted its growth from ga transport to avoid the police'and by labourers in ordJr to the employment oi attract workers or to retain the services of their work_ the diffe tTsjed personnel to collect and conduct .bor"ie;*.rrt. which r of folk. Others were stated to be sympathetic to the use d.agglby rail. In one case which came to in? notice of dagga co.ditio of tbe in the belief that it stimilated energy and was 9ommittee, the driver of u .u. ,."eiu"d f.100 an incentive to a greater output of labour. "- t \4id tor a trip of- a thousand miles in respect of each load of Rus or oag.ga, valued at 125. The Committee i over f1,500, which he delivered to heard evidence on this matter mafihua his principal. For a similai journey tviiuin, tut *itf, from individual farmers and representatives of iarmers' mrconh, a smaller ' organisations . consignment, he was piia" fSO. Another in all parts of the Union. It was generaily species wltness, -occurreii .rgrgrrinq to th-e risk of confiscation by the admitted that cases of dagga cultivation different court, said that the trade could afford to write off the among_ less enlightenqd, anit- unscrupulous farmers, give a f cost of a second-hand car. particularly the.smaller landowner who sought quick rn a rel pro{tq, but all witnesses were unanimous in co-naenining featuros participation by farmers in the traffic in any form. technioa 120. The evidence regarding the selling price , of 126. bpinion was, however, sharply divided on th; 130. dagga Poth wlrolesale an-d retiil to ttri--aiEtriiutor : is questio-n of_ personal responsibility irf a farmer for grows''tc contradictory, but taken as a whole it inaiciies ifrat wittr dagga found growing on his property. Some witnesses describe tne growrng demands of the consumer and the enhanced risks of tho-ught that personal responsibility of the occupier of The plar _slpply, a seller's mgrket rras iiisiJ ioi *uny a farm should year!. Like most commodities automatically_follow the discovery of male an, for whieh thiie ,s a dagga growing on the farm. steady demand, prices This, it was held, *outa Ui is hard r the trehd of is aGays-upwara in accordance and oVerall increase with the principle already enunciated in -the in recint years wouid ..'"- to 131. r be 100 law. namely, in the Weeds Ac1 (No. 42 of l93Tl. where .between and 150 per c"rrt. ConsiAeraUte widely r variations were found neglect to eradicate proclaimed noxious weeds, to exiit in the retaii iiices ot includiui dagga, rendered any war dagga at the different centres, due posif the farmer liable to prosecu- io suctr prefers r factors as quality (the propeily tron. I'he more general opiniou, however, rvas that \t 'l s*6at"d-ind-c,ueo such responsibility gro!ung artlcle commands higher price and liability were too onerous. {*, Li a than that which is tsarms were Decemb, '1,i, merely dned), distance from.source often extensive ahd the topographical of supplies, the conditions on many of them made it'Jhviicaltv from Jr se_ason and demand. The prices paiO ty ieiaiiers grown.ol to impossible for the farmer to visit or to have knowledgL ;tj"d;;;lci; of every Applicat Hlg'ifllT f?6 i,:Hf3E fl:*",,,,i nook and cranny on his propertv.-- fneie witnesses pointed out that f-arm laUourlrs'wirU quicn t6 plant is t7 f the evidence take advantage of a farmer's inability or neglect to residue from the retting and scrutching processes should itted, suggests carry out regular inspections of his farm. The be returned to the soil. Although the plant is widely ifierent classes labourers took great care to conceal illicit cultivation, distributed, it requires cultivation and water to produce s:- for example, by planting between rows of growing good growth. An untended plant will not flourish. It per lb. maize or by training plants along the ground. Similarly, is not a hardy plant and it is readily destroyed by frost : they made use of remote and inaccessible kloofs and and adverse temperature and moisture conditions. It Ib. ,found per matchbox, valleys, and of farms which were unoccupied by the may thus be said that where the plants are owners or were used exclusively for winter grazing. growing luxuriantly, it may be assumed they E I oz. or less that have been carefully cultivated and watered. has been ,l", "pil" or 127. Several witnesses thought that only where the It frequently suggested in the evidence given to the Com- farmer could be shown or presumed have had to mittee that the seeds are spread, by wind and water, knowledge growing dagga his of the illicit of on and possibly birds, either having property, should criminal by been,eaten and liability ensue. This actually passed out or by sticking mud ises that dagga is the law present, and in the opinion of the Com- in on their feet. This at may be possible where the port and sale mittee, represents the only realistic and practicable seed comes to rest in suit- it able soil in a high summer rainfall area or on a river instance, that approach to the problem. At a later stage in this bank where sufficient moisture is readily acc.essible; pervision in a report, the Committee will recommend amendments to' but, generally speaking, may be accepted n the shipping the existing law to make it more flexible in this direction it that the plant requires personal attention is to flourish. so large as to with a view to adequate control. if it consumer. It for getting the 12E. The evidence coflfirms that many-be farmers and 132. ln colder climates the plant produces better ing within the a- large section of the public would unable to fibre and less of; the narcotic principle, whereas in taken abroad recognise a growing dagga plant if they saw it. In waflner climates like the Union the naicotid properties another case view of the criminal sanctious which its cultivation or are the more highly developed. Dr. Wolff in onfirming that possession carries, the pbsition should be remedied by Muihuana in Latin America. The Thredt it :ric+ Lnd been the exhibition at agriculttrral sh0wb and other suitable Corutitutes, page 3, says: "In a hot climate and dry prefdrably s. 6 rch. functions of coloured and lifesize poster soil, largely on account of the lack of water, a smaller illustrations of the weed in diffbrent itages of giowtn plant develops with shorter, harder and more brittle : larger coastal and production. The co-operation of the agricultural flbres, but it secretes more abundant resin. The :he subject of unions and farmers'associations to this end and also production of this resin is in direct relation to high s the evidence ,* in discouraging and preventing the cultivation of dagga temperature to dryness, and doubtless also to exposure rsay charactef on farms would, the Committee feels, contribute to the sun." From the dagga addicts' point of view oosition.-4ftre materially towards a reduction in the volume of growth the portions of the plant in greatest demand are the !a is exffied in the eventual suppression of the weed. maturing glandular clusters of the female flowers or rne exception, developing seed vessels. The male plants are of r was found in relatively little value having a much iower narcotic aman, this is content, )epartment of re existence of CHAPTER IV. Mnprcnrer, Uss or Deccl. idence, should ain, moreover, 133. Article 79 of the Medical, Dental and Pharmacy (Act 13 :ng seamen for Act No. of 1928), lays down that "the British THE USES AND THE EFFECTS OF DAGGA. Pharmacopoeia shall be the pharmacopoeia according Trn Bo:lurcnr. Asprcr op Cannabis savita ov to which all medicines mentioned therein shall be Llnounrns. prepared unless otherwise directed in writing by ...... Cannabis indica. (the person) whose prescription hht European ...... on any medicine is prepared erned in the 129. The scientific name of the dagga plant ". Regulation 31 of the regulations framed (Cannabis sativa L.) may be derived either from the under the Food and Drugs Act (Act No. 13 of 1929). n to producing lays was said grew Greek kanabinos meaning slender or thin as a rod; or down that the standards shall be either British ganeh Cannabis saliya Pharmacopoeial British Pharmaceutical Codex ers in order to from its Arabic name. includes or of their work- the different varieties, generally bearing different names, standards. the use which are obtained under. varying regional climatic relif plactical purposes, )nerg, ,nd was conditions. For all the hashish of 134. Preparations of Cannabis Indica (the extrast the Middle East; the ftil of North Africa; the anascha and the tincture) were last included in the 1914 British I. of Russia; the esror . of Turkey and Persia; the Pharmacopoeia. Since 1934 these preparations have oll this matter mafihwana of Spanish-speaklng America, and the been described in the British Pharmaceutical Codex: ses of farmers' maconha of Brazil.tare on€ and the same botanical In the latest (1949) edition the following appears under t was generally species of hemp grown under varying conditions in the heading !' Action and Uses " of Cannabis Indica: occurred different climates. considered necessary to - Jtioii It is not G'Cannabis depresses flrst the higher criticat farmers, give plant ulous a full technical botanical description of the faculties, and later, the perceptive, sensory and motor r,'sdught quick such as in a report this. It should suffice if its main areas of the cerebrum. In some persons, particularly in condemning Iealures and characteristics are described non- in orientals, it produces a type of inebriation with L technical language. i feeling of pleasurable excitement and some mental livided on the 130. The dagga plant is an herbaceous annual which confusion, fantastic and exotic hallucinations, and a a farmer for grows 'to a height of 4 to 8 feet or more,,and witnesses loss of ability to estimate time and space; later, bme witnesses describe moderale size trees up to 6 inches in diameter. decreased sensitiveness to touch and pain, as well as he occupier of The plant is hairy and glandular throughout producing muscular lethargy and relaxation, precede the onset : discovery of male and female floWers on separate plants. The seed of a comatose sleep in which respiration is slowed held, would be is hard and bony and slightly ilattened. and, the pupils are dilated. In other persons it may enunciated in cause only lethargy with some initability of temper. 1937), where 131. As has been mentioned, the dagga plant is Cannabis is a habit-forming drug and habituees often f widely distributed grows xious weeds, iq,the Union. It readily in become insane. Amongstlorieitals it is taken as a any warm moderate >le to plosecu- climate witb a rainfall, and it drink or conserve, or smoked in pipes or cigarettes prefers a rich friable soil. and a humid climate. The under the names of chavas, ganjah, gauza, bhang :ver. was thdt growing .too onerous. season in. areas of sunmer rainfall is from and hashish. In South Africa it is smoked undei topographical December to March, and in areas of winter rainfall the name of dagga, and in Mexico and Brazil it is it physically from {uly to October. With manuring it may be the active ingredient of Marihuana. Cannabis is too grown.qn the saine land years ave knowledge for several in succession. unreliable in action to be of value in therapeutics as Application potash fertilizers )perty. These of is beneflcial and if the a cerebral sedative or narcotic. and its former use in plant sultivated for the production , were quick to is of fibre, all the mania and nervous disorders has been abandoped." l:i .i,1 t8

135. Medical evidence submitted to the Committee on a scale that made even mechanical tilling and r@bdmi supports the opinion expressed in the British Pharma- harvesting with tractor combines worth while. In an ,rh6sr di ceutical Codex that dagga is " too unreliable in action " article in " Farming in South Africa " (July, t918) Mr. r,6f t"dag{ to be of any medicinal value. To date no method of Pieter Koch, Technical Adviser in the Division of ' i,d+idene standardising dagga preparations has been evolved and Agricultural Educatiql aud Research, discusses the little di the uncertainty of the reaction to a given dose has led possibilities of fibre production in the Union. In this that ad to its almost total disuse as an internal medicament. It article Mr. Koch reviews the Union's requirements and man, pl is used in one preparation only, namely, Tincture points out that the possibility that the Union will ever Chloroforrui et Morphinae Composita (B.P.C.) and in again be able to obtain sufficient bags and hessian from ." Exppr this preparation the amount of cannabis is so small that India is so slight and uncertain that in due course the it produces hardly any action on the human body; in Union will be compelled to solve the problem itself. . 144. fact, its inclusion in the preparation is as a colouring He observes that the population of India is increasing 'lconflict more than as an active therapeutic agent; the tincture at such a rate (over f,ve millions a year) that it will harmful and/or extract still find some small use in preparations have to reduce the area under jute production to use ''pirelimir for extgrnal use only, such as, corn paints. it for food production. In fact, during the past few 'by the years the jute producing areas have been reduced by advisab T'nn MrprcrNAL UsES oF DAGGA IN THE OprNroN or' 22 per cent. authoril LeYMeN. (marihu 136. Amongst the laity dagga, whether smoked or 141. Mr. Koch states that the dagga plant " yields an authoft taken internally as a decoction or infusion, seems to excellent fibre " for making bags and hessia,n,.and as it member readily parts enjoy a reputation as a useful remedy. It was suggested is cultivated in many of the Union, one Drugs o by various witnesses, both European and non-European, would naturally regard it as a solution of the Union's publisht that it was good for relieving or curing: high blood 'i bag problem ". Unfortunately, the cultivation of the Edition. pressure; apoplexy; asthma; rheumatism; diabetes; plant is prohibited by statute, except utrder licence, 'Institutr owing narcotic properties. heart 'disease; nerves; intestinal worms; and stomach to its In its search for f,bre Latin , ache; and it was also stated to be good as a seiual to meet the Union's requirements for bags and hessian, Wolff's stimulant in the sense of prolonging the time of the the Department of Agriculture obtained information r' sub sexual Many the witnesses, obviously en- that 4 species of cannabis with a low or absent narcotic , .estri act. of produced lightened people in othsr respects, were convinced, of content had been in Italy and Russia. Seed He con the efficacy of dagga as a medicinal remedy for certain of this species was obtained and an experimeot was action ir ground diseases. There were equally many witnesses, on the launched on f morgen of at the Agricultural The Co other hand; who held the opposite view. Department's Research Station at Rustenburg to Dr. Wo cultivate the plant. The relative fibre and nar,cotic the Unit 137. A Native herbalist who gave evidence stated content of the hemp plant is, however, dependent on Dr.'Wo that in former days dagga was used to lessen the pains climatic conditions. Ihe warm climate of Rustenburg of the t of childbirth. Its use for that purpose had however produced a plant rich in narcotic properties, which the

ii been discontinued because of the effects on the child. Native labourers on the research station soon dis- child He described these effects by stating that the covered. The result was that although the station 145.',j produced " was born tired ". This witness last dispensed dagga a plant with a superior quality fibre to meet importar .i about 1934. He was convinced that there were other our sacking and hessian needs, it was nevertheless Dr.'Wol l, i herbs which were more efficacious for all the conditions decided to discontinue the experiment in the national il r other. I 'i fgr which dagga was previously used. Stinkblaar interest, for the reason that it was not possible to restricter I (Daura slramonium L.), for example, he considered as cultivate a hemp plant with a low or negligible narcotic types, t a mqch better remedy for asthma. It is interesting how content. Fortunately for the Union, it was found that iechnical the experience of this Native herbalist brought him to there were other plants, amongst which was the Wilde inmates accept the views of medical science on the relative Stokroos (Hibiscus Cannabinus), which produced a Wolff, , purpose. inefficacy of dagga for medicinal fibre which is eminently suitable for bag-making and scientific which does not have the drawback of any narcotic personal 13& The Committee is satisfled that there are other, properties. more efficacious and less dangerous drugs in the research Pharmacopoeia for the treatmenf of all the conditions On the sr 142. The conclusion at which the Committee arrived repUted to be benefited by dagga. It cannot, therefore, in Latin was, therefore, that the dagga plant had uo worthwhile 't" recommend that its growth be permitted, in the present 1o p{ state medical knowledge, any purely medicinal use, and that its commercial use was offset by rtrl of for but the abuse its narcotic properties. were scientifrc and experimental purposes. of If it totally corTespoj ; eradicated, the Union would not suffer noticeable loss flndings Irs Use rN VETEBINARY MnprcrNs. in respect of the health of man or beast. It is, however, paragrap not proposed to recommend the repeal of the existitrg main fi ,t, 139. The use of dagga in veterinary medicine, as in provisions in the law to grant a licence for its cultiva- is now more historical than practical. indicatinl rl human medicine, tion and a certiflcate for its sale or export, for the ll Evidence was given that dagga was fed to horses in conclusic l,i reason that they have reference uot only to the dagga it should stu{ farms and in racing stables, and that it was also plant but to all plants from which habit-forming ponies polo players. drugs is one oI administered to their by There can be extracted. A further reason for not disturbing fact, the subje was considerable evidence that dagga does, in the existing legislation on the cultivation and the of improve the sheen of horses' coati and makes them Eale useful b. dagga, even though in plactice the relative provisions of compare temporarily lively, but when the eftect of the drug the law are never invoked, is that the international wears off; the animal is described as useless and lazy. instruments on narcotic drugs to which the Union is a The Qua In B4sutoland it was stated that the Natives used dagga signatory, provide for the cultivation, the manufacture, perhaps as a cure for colic in hqrses. Several witnesses, the sale and the export of narcotic drugs urider proper someivh4t that the 146. T cynically, were strongly of opinion safeguards, that is, by issuing licences and certificates. alleged use of dagga for animal diseases served as a is the act cloa-k to.explain the presence of dagga, the real reason out, upon for the growth and the presence.of dagga being human Tnr Errncrs on Dlcol oN THE HuulN BsrNG. dry soil t addiction. 143. Consideration of the effects of dagga on. the tion of n human system and, therefore, on human. behaviour is relation t Trre EcoNorutc Use oF THE Frsnr or Deccl. a very important question and constitutes one pf thri of the por 140. tJntil the diseqvery of Manila hemp (Misa esseniial tasks of the Committee. One of the main soil probr textilis) which is a plant quite different from hemp, reasons for its appointment, after all, was the conviclion of furiou Cannabis was the strongest hard flbre known and on the part of the Coloured Commission that the dagga Pernambr universblly employed for cordage, ropes and twine. habit exercised a deleterious influence on thd geneial marihuan, As such it was grown commercially in many countries welfare of the Coloured people. UnfortLnatcly, the of ttre act t9 aI tilling and "Cordmitttee was confronted during its inquiry'with the question arises whether the alleged innocuousness of -while. In an 'riiirsf disconcerting confl ict of viewi regarding"the eflects dagga in some parts of the Union (one has in mind the uly, tItS) Mr. t cif .dagga' on human behaviour. Having weighed the remarks of a Paramount Chief in the Transkei who e Division of ' etidence, both medical and lay, the Committee flnds maintained that dagga was extensively smoked by his discusses the litfle difficulty, however, in coriring to the conclusion people, but without harmful effects) should not be Inion In this that addiction to dagga is, in the main, detrimental to explained by the insufficiency of resin in the plants in luirements and man, physically, mentally and morally. those regions, due to the particular climate and soil (pp. fnion will'ever 3 and 22),. ' C hessian from ExpnnrrNcr ErsrWnenB oF THE Eprncrs on INpreN lue course the Hrvrp. The Types of People who use Mafihuana. problem itself. 144. It is a little reassuring to know that there is a l4'1. The users of the drug are, in the main, found in a N rncreasrng conflict of views in other parts of the world too on the the lowest strata of the population and 'in the under- r) that it will harmful effects of the drug under discussion. As a world, generally people with little education. A dis. luction to use preliminary to a description of the evidence obtained quieting feature, however, is the spread of the habit to ;'the past few by the Committee on the subject, it is cousidered what is known as the " best society ", including boys :n re.duced by advisable and expedient to refer to the flndings of'an and gids, and even schools and colleges Gp. 7, 28 authority who has made an extensive study ol hashish and 41). (marihuana) intoxication in many couritries. The int " vields an authority is Pablo Osvaldo Wolft, M.D., Ph.D., MA., The Effects of the Drug on the Individual. as Eian,,ind it member of .the Expert Committee on Habit-Forming 148. is not proposed describe one It to in detail the he,,Union, Drugs of the World Health'Oqganisation (W.H.O.), wh5 general efiects produced by marihuana, both physicatly of ,the Union's published in 1949 (a translation from the Spanish and mentally, as seen by the author, rather to divation of the but Edition, 1948), under the auspices of the Washington descri.be iu'general terms its ill-effects on the character iurdor'.liceuce, Institute of Medicine, a book-entitled " Marihuani in and behaviour of the individual. The paragraph which oaro[for fibre Latin America-The Threat it Constitutes Dr. 'ressjan, ". rnay be regarded as Dr. Wolft's credo on the subject is, ;qa'- lolff'q book is a compilation of curfent knowledge on therefore, quoted in full. d il,--rmation the subject and his treatment. of the topic, in spite of " Although cannabism," he says, " does not lead rbselt narcotic its restricted title, is of general applicability and iiterest. to an addiction in the classic sense of morphinism, ,Russia. Seed He con0es to the conclusion that marihuana its in the subjection the drug nevertheless &pgnment was action is destructive of both character anA Atelligenci. to is fairly serious. To a considerable extent decreases the o' Agrioultural The Committee's attention was drawn to the work of it social value of the individual and leads a lustenburg to Dr. Wolff by the head of the Division of Narcotics of him to ,nar.cotic manifest physical and mental decadence. The i rpqd the United Nations, from which one must conclude that dependertt on Dr. Wolft's views tendency to an unsocial conduct of relaxed morals, of command the respect of this organ listlessness. of Rustenburg of the United Nations. with an aversion to work or the ties, which the inclination to develop psychotic phenomena, is great- intensified ion soon dis- REsuuE oF DR. Wolrr''s FrNolNcs. lv by marihuana. Traits of chaiacter the station develop which make those persons useless for an th, 145. It is necessary to point out, first an t frbre to meet of all, orderly economic and social life" (p. 47). difference in the treatment of the subject by s nevertheless !InP9-r1a11 is as well that Df. Wolff, on the one hand, and the Committee, the It the Union should be informed of national on o;ffg other. The material with which the the experience of other countries which have come to 1['p6ssible to Committee deals is realise restricted to evidence-evidence by witnesses of various that the use of the drug is a serious soc.ial li$,ble,narcotic menace. For that reason the Committee wishes to take typ_es, both lay ,and technical, ranging from such iras found that technical experts as professors phaimacology the liberty of quoting from the author's book the was the Wilde of to inmates of gaols who were conflrmbd addicts.-'Dr. remarks of the Minister of Justice of Colombia when pfdduced a he referred r Wolff, on the other hand, has conducted actual to the threat to public health whicn rltrmaklnp and 'scientific marihuana constitutes : 'narcotrc research and as a medical man has had :t,Any personal " justice pursues- murderer, ll , clinical experience of the addiction. His If the the ravisher of '., research included goods or honour, with even greater d .t,t ,r an enquiry into the state of knowledge energy must it on_the. subject.in varioui ..i""tri.., tri rnore iipeciaflfy protect society from a cowardly crime which is an laittz-urivea in Latin America. Although the Committee's afproach attack upon the health of the Nation, insinuates [o u -nwhile to the problem difrers mar[edly from that of pi.'Wom, itself into schools and colleges, into homes and i hal,offset bv it is nevertheless surprisirig to see the close barracks, and even into the very jails. Those who It r+ete totalj, correspondence, in the main, between his views and for the enjoyment of conte-mptible gain or for the findings and. those of the Committee. .In the following morbid pleasure of initiating others in vice, have paragraphs it is proposed to give a description of hii given birth to so serious a threat to the community, main findings, without commenting mqst expiate in prison their erring anti-sociil -theon- them or indicating their correspondence with Committee's attitudes and their absolute lack of patriotic feeling " conclusions. If the description is somewhat lengthy, (p. 4t). it should be borne in mind that the book of Dr. froffi is one of the most recent and authoritative studies on The Effect on lrdividuals Varies. the subject and that its concludions should serve as a . 149. It must be accepted useful as an established fact, states background against which to iudge and to the author, that the drug has a different effect compare upon the Committee's findings. different people, depending on their individual meirtal constitution. The effect The and Strength of marihuana on 50 non- Quality of Active Resin Depends on selected cases (quoted produced Soil and Climate. by the author) 14 different reactions. It is unfortunately not possible in 146. The quality . and the abundance of resin, which our present state of knowledge to determine-whether a is the active principle in the plant, depend, it is pointed marihuana addict will reaci dangerously or mildly. out, upon the soil ,tsBING. and the climate. In a hot climite and This constitutes one of the great dangerj of the dnig IAI'f dry soil the plant will secrete more resin. The produc- inasmuch as the effect on the individual cannot be fori faggf'on the tion of resin is, therefore, dependent on and ii direct seen. The author also believes that the drug reveals 'behavibur refation is to temperature and d-ryness. The dependJncJ the real nature, character and personality of thi addict, ot the potency !3'6ne: of' thri, of the drug on conditions of clifoate and for the reason that the inhibiting inhuence of the bf t[d,'main soil-probably explains, the author points out, why cases conscious centres fails to restrain the subconscious :he corrviction of furious delirium do not occrir in the' reeion of tendencies and desires. It is in this freeing of the sub- hat the dagga Pernambuco @razil) which is an imptrtint cfitre of conscious tendencies and instincts that the relationship general marihuana r the' addiction. It is probably d-ue to the scarcity between niarihuana addiction and crime can be seeu tunately, the of the active element in the plants bf that region. ThL (pp. 1l and 13). li I 20 I Relation between Muihuata Addiction and Cime. observation by the author is that solitary smokers are cnme. I 150. Dr. Wolff. believes in the evil influence exercised more prone to commit offences than those who smoke conclusio by marihuana in the perpetration of crime and he cites in groups or gangs and who generally remain amongst particuJar numerous authors and instances of .crimes committed their co,mpanions until the efiects of the drug have have bee under the influence of the drug to substantiate his worn off (pp. 38 to 40). such de< feature made in views. A of the addiction is that it creates Habituolion. aggressiveness and brutality, leading more particularly of crimin to crimes of violence. He quotes from a study of 50 155. The author considers that " although cannabism ",llospital, non-selected cases, who were observed by Dr-. Louis does not lead to an addiction in the classic sense'of judicial morphinism, Angulo, a neuro-psychiatrist in Cuba, in the actual the subjection to the drug is nevertheless .nrental < surroundings in which the crimes were committed and fairly serious ". The dependetrce on the drug is less iiriarihuar physical particularly whilst they were under the influence of the drug, to than mental and more emotional. fipstead o show that only seven out of the 50 did not manifest The latter can produce an irresistible desir6. Amongst ,, ;Are acCUl aggressiveness. The rest were guilty of " attacks on the,various forms of emotional need to enjoy the drilg ijudgment is- the desire to escape the realities pioblems l' "ihat society.(28); attacks on sexual os moral integrity; (9); of the ot lrr. the Iife (pp. 47). attacks on property (7); attacks on individuals 1+)':.' 46 to 4lspasslo Mwihuana and Alcohol. rPerqlps 151. The author points out, however, that there are lii3rjtr!1ir f!" danger of marihuana increased many writers who recognise the influence towards crime -t-59. is by the IIIIOITUZ€, additional effects of alcohol which marihuana sdokers which the drug may exercise, but who maintain that which, a< frequenfly take at the same time. The author is 'ehhances, marihuana " is not an agent which creates feelings and convinced, however, " that the' main action derives :and tendr tendencies, but merely amplifies them " in ttre sense from marihuana of exciting them maximum and not from alcohol, which merely to their capacity. As plays an auxiliary r6le these cases mixeil opposed to this cautious view, as he the in of " " ialls it, intoxication " (p. 50). author believes that " there is enough observed material to demonstrate that marihuana can also create criminal No Serviceable Therapeutic Use for the Drug. . TnEsrs attitudes (pp. and acts ". 23 and 33.) 157. The author points out that the other drugs, the opiates, have, in addition to their destructive quilities, 161. H The Psychiatic Manifestdions Produceil by also a useful purpose. The same cannot be-said of knowledg Marihuana. marihuana; " it is always an abuse, dangerous to the in Dr. W individual 152. lt is generally agreed ttrat marihuana may and the race ". He mentions, however, ,brief des somewhat inconsistently, principle .African, produce psychiatric manifestations which, as the author that the active in ,l marihuana_ may_-have I says, " are protean in variety and form and which 'z very limited " aud'therapeuti- somewhar 1l ", cally useful qualities, and he points disappear sooner or later as a result of abstinence and out that a syn-thetic The Com ti derivative from (Sydhexyl) treatment. An important question arises whether or the drug is at present being ,to deal ir tested (pp. 50 and 53).' effects ol I not addiction to the drug can produce permanent il 'mental disorder or defect. The author's ionclusion Professor l Commercial Use the Fibre. .,,1 would seem to answer this question in the affirmative. of in paragr .t 158. Mention is made of the commercial use carried ( i He believes that the excessive use of marihuana over of the f.i many years may produce a permanent organic lesion. fibre of the rnarihuana -byplant. The author suggests that .aomplian( I Congress ll His actual words are: it be established first experirnents whiii' regions t produce 1l I - Bgod flbres, but a relatively weak resin coi-tent, ,,187 to lil " During the course of chronic marihuana acldic- before cultivation for commercial purposes is under- ^mention r ! tion, one can observe episodic states mental .l of taken. It appears that the soil andhiriratic mainly, ir confusion, psychoses of short duration with obnubila- conditions for. the productio_n of plants with good fibre but poor those pati tion and altered consciousness, and chronic prolonged resin content now psychoses differ from the conditions required for ,(w9 which nm their course anii whiih, producing plants with good il908-1912 especially the first phase, resin but poor fibre. Soft in show 'exogenous anrl- commercially useful fibres geirerally grown ,to.the ex< reactive forms'. In addition, one are in has to deal with cold or temperate regions, where subsoil at some l the chronic delirium, the dementia . . . which makes the bas considerable moisture and the region is subject various N its appearance as a consequence of the excessive to fairly a' use abundant rain. Plants which sFrrete his views of marihuana over many years abu'ndant resid, and which consists of on the other hand, need to the pat an irreparable organic lesion." a hot climate and dry soil. The author remarks, however, that not all authorities Publicity md Propaganda. are in agreement on this last point (p. l3). 159. The author believes that propaganda on the 162. Dt dangers of the drug will only arousle cirriosity and will subject ar The Sexual Effects of the Drug. not assist in preventing the evil or its spread @. 44). with the 153. The author believes that marihuana creates familiar w Dissident Yiews on the Deleterious Effects ol the Drug. sexual desires, and causes sexual abuses and offences. as medica 160. He contests the finding of tle La Guardia Committee Dr. Wolft is successful in marshalling a formid- Iater in I that " marihuana itself has no specific stimulant eftect able array of writers and investigators-the who a-eree. in the 17,000 Na in regard to sexual desires ", and quotes in support of main, with his t*resis that persisteit use of t-he dagga.. his views a Brazilian writer, GoAo MendonQa,-to the marihuana can have a deleterious eftoct on the he had ca effect that " when the intoxication is at its peak, individual and the race. He mentions amonsst them Asylum. maconha (the Brazilian variety of ttre plant) proiiuces !!" Spulb Afrfcans, J. M. Watt and M. G.-Breyer- Wolff's vit the psychic state of a Don Juan with sexual hyper- Brandwijk, _who- goutributed their .views on the subject to comme aesthesia and decline of the ethical ego, so that there in the South African Medical Journal (lO: 573; l9i6). out, as D There are, is a predisposition to sexual offences " G. 24). however, authorities who db not subscribe Committet to the author's views. He devotes attention to three expqrimen such dissonting Collective versus Individual Smoking of the Drug. views: the one, tfre well-known La and discip Guardia Committee appointed by the Mayor of New not in th 154. The users of marihuana show a tendency to York of that name;-ihe other, the psylhiatrist communitl groups W. form with common interests to enjoy their B,romberg (U.S.A.), and the third, tw

177. The evidence would seem indicate to that Dlcc,l, AND THE Srrlrur,arroN oF THE Snx INsrrNct. amongst the Native tribes in the rural areas the 184. There was OF DAGGA_ Tajpqty of those who smoke dagga are habitual but - considerable difference of opinion-iyrnpto.nl on moderate smokers. the-question (to mention another pniii.uf The habit is indulged in -Jentrri.r.as a racial c#:lom which- has presumauty- peiirGa tJr yl."-lh^:l_ol has any eneci. Many r Errscrs oF' -,![r wlrnesses-ascnbed1o1dp.sa lphrodisiac over-lnd_ulgence is practised, and to dagga a direct iritant effect on the a certain number organs oleJlndulge, then the addicts are generally ot sex. It was mentioned ,that it was used by 'agraph $9 despised prosti:r1ss and their that the pLl+:T, peo_pte. A paramount Chief stated ?1uite associates. fne, principats-iiiOen.e ot rn the eftects of IranKIy that.dagga-smoking several institutions for boys and girls was generally practised by eiu""of lt, some holding of his tribe; neither-he noitfrey that.dagga-smoking led to perverfioni ,";. The P?19" .that saw any welght evidence, s, others that it what, after all, was an old racial custom, .of however, which includes the Iarm,rn ani personal experience rportant medical that. he was quite unaware of any ill_effects which of addicts, seems to inOGte tUat re evidence, the resutted trom a habir which tnere rs no direct stimulation. A likely explanation, was indulged in moderately supported tri physical and tiy his people. by _medical evidence, of ttre eeneiii Uelief that d.agga er-indulgeirce in stimulates the sexual desirei -is that, Uy tal degeneration, removing the inhibitions dagga reteaiis 178. It i-s li\ely that rhere are more confirmed ttre 6asei ilt of permanent addicts instincts of the smoker. amongst the Natives in the rural areas than would is a blunting of airpear.from the evidence; but it is quit" 185. Although, rseated. ttui -on the evidence, the Committee a- considerable amount .of over-indiig"d-;;;G;;""riui, comes to the conclusion that dagga .does not aii."iii Natives is to be found rf;.uiews on the in urOan i.nti.s" las'well as uat desires_, it nev"eiin Jess i J :l,3lfl"^r.[ -sex oi opioioi, t khowledgeable lmongst the Coloured Communities fui tne Cape tnat the questlon of the relationship between dagga on Province, and to lesser_.extent lurther scientific a u*ongst i.rt"in typts the one hand, and sex stimulatioo'und ,.* .]iir", oo gI Europeans-. When oiscussing--tIe-euii'eftects the.other. hand, :resting to place ot is so important m tniUnitri-*itfi'turtrre. ii, very high dagea .p the following paragraph"s, 6" C"rr.lttiJ multi-racial thaf the two pr-lmanry n", crgupl subjici *.iiG on.-' and. the rn mrnd the confirmed heavy smoker or screnuflc lnvestlgation. The Committee is not satisfied addict. add,-,^on which rnar rne avallable evidence on the subject is sufficiently dividual and the exhaustive and convincing. considering it a . THE PHysrcAL Sylrprous, TnE MsNrar Errucrs on D,c,ccn, he least noxious The physical symptoms described .179. to the Com- 186. The evidence submitted ving when with- mrttee correspond, in the_ main, to those mentioned by to the Committee than alcohol or Dr. Bourhill corroto.rates the flndings of both pr. Wofn *O Or. (p. l5); bu! ttrey are o6viousryl# rJournlll that ut that as dagga prono.unced and important than phenomena. the mental effects of dagga are more the mental accentuated, and :ad to crimes of Iry whrchever method dagga is smoked, in the long run, more iil'poriant than th6 flrst effect though,-u, re way it affects of the fumes will be irritatidn of the muc'ous ,rr.*U.uo., lllgly'*fl :ffects, *ili u.-r.iriiioi pur"- ew that in itsblf grapns below, the physical deterioration of the respiratory-passages. This will give iise to a in the con- t one noticeable severe coughing flt, esptcially "beein;er. H:mlo agqlct may be very definite and pronounced. in the In ur. Eourhill came if opposed. A a degree of rolerance to the conclusion that dagga appears ll?:tr,1-rTgfers will d=evelop and to act mainly on_the Lds of psychotic cOughing.will be lgs,s. The mu'cous mernbranejlater cerebrum, causing itiffiufation of tne sensory, psychic and motor functidns. ultimately cause Decome dry and, unless-wa_ter is used in the smoking s system. B, on process, there is a markedly reduced flow oi salival INvnstrcarroN CoNoucrEp pnrtonn dagga can cause AT TIIE MrNrer It las been stated that where watei is usea. inere is Hosplter,. treatment. a_n o A increased flow of saliva, which tne-smltJrs use in r dagga, alcohol, the rites- 187. A Medical Congress held in Grahamstown associated with communit- r.ltiri-*hich is October,^ in the same way, practised in tFe kraals and 1935, passed" a r"sotutio"-i.qririirg tfr" has been lik-ifeO'to tne Minister of the be treated in the sundowner habit amongst Europeans. Interior- :f institutiofl, a " to.arrange for a controlled investigation into the ful in the u.s.A possible. relationship ."^L89:Ihgl .smoking.dagga it-.is reasonable to expect of dagga ,rnotci'ng-*itf,' treatmeit but tn4t some of the volatile ingredients will be swalloied psycnouc conditions and with the ultimaie production"cut" ep dagga cases with the saliva. This may- cause an iiriiition ot ttr" of a state of mental degeneration i; udaic.Gl; mucous membrane of the stoTach causing symptoms 188. pursuance of gastritis. A furthdr phy-sical In of this resolution, an experiment GGA-oMOKING. *iritn-'.ri#; ;; was conducted pretoria is that a Uoui df smoking"n""i at the Mental'Hospii'aL The Fentioned is ;ii; Ioflowed investigarions a home remedy, by a hearty appetite. ft"Ijjl.lf .reads as tottowi relarding uth Africa is to me symptoms observed during smoking:_ rrevious chapter, 181.. Another constant physical effect of dagga is __^'T*-:,.qTnce of changes which occurred during mongst which is jl,-,[._.yes of rhe sdo(er. T_h,"y t;;;-6rishi rne acrual smokrng of dagga varied in individua'i ano.,snrnlng;.the_conjunctivae::T cases. agga is smoked are bloodshot and ihe Une. fact was, however, outstanding_that in . of the resins, ,g:p^,1.-,9!,11.d., Many witnesses stated that they can e-very case the first change produced was i ioticeable s reduced. This recognlse the dulling.-of dagga-smoker by his eyes. rhe mental ri'cuitiei. 6 ;;; cir.s trris upon the old(5 uy yil$ motor-excite;.rt urd pipes 192, In Natal I":.|I]gq:d the water - a few witnesses, including a Native ln orhers, by a.drrll, depressed and markedly confusdd".tirG herbalist,- de,scribed vn dweller, who a condition iaiJ-b";;1; on rhe srare, but the initial mental duling always soles bccured.,, 'y tobacco pipes of the feet and the palms of the hanOl-a case was de-mon_straled folowed by: (l) a silly rith tobacco. to the Committ." ut-i"av..itji. The ano^-Th,"^.:.i:,ji"|.changes.w.ere soles,_in ratuous stage; and (2) an emotioriallv' irnstabll this case were thiCkln"A- *C'"ii.[.d unA stage; rgga one should .and then in some patients, lrrit ititv anA lesem.bled the moth-eaten appearance of tle conaition pugnacity, with motor asses of dagga- described in literatrrre on ptimitoiogv exciterient w*"n i, : habitual heavy ur*io6i v"*.. deep sleep,. were observea, w[ite inltGi..^'m.nt"f"ufiiinit", a secondary inre.ti.n *Tin confiJsion with latent rse the language lh_11., ^ 11 ;;-;;;dr;ir; irritability f"tt.*"d iv Cipr-ession organlsms. Local medical practitioners iueeisted thai forward to. the the condition might be ransforms Uv [n" ."iri8if? *ua" them. motor car tyres,.""ui"O which l-89.-. The conclusions e of a pleasing l1:1,-9rd are worn by many arrived at by the obseryers were Nauves. ln the warm climate of Natal thii seems as follows: :ed his smoke Iikely. It is significant - that though O"!!u-fi?, l* .*ot.O " The facts observed appear rf sheep he.saw throughout the-country, the to indicate that dassa ied. This group condltion mentioneO a,s an intoxicant.prod_uces symptoms ,..v ,i-iLT?i only rn this one province. r_nose produced .eftects, and they by alcohol. ln most oi the cases wnlcn were . second class of 1,13.^F_lh...stage drasnosed as dagga psychoses , on of acute intoxication there may be, admission, - er a long period as^^ other intoxications, alcohol had also iiuy.i-'itr" purt li ,tn inco-ordination of movement producin-g the mental aerangem6nil and the gait may be ataxic. tvririv'Iiutium apparenfly use dagga as the-Europ.un ui.i ;ilh"l; t,

rl, 21 197. The MONET, DETBRIORATION. that is, as a so-called stimulant. Dagga up to a poiut measlues \{ produces in the Native a feeling of conteut and well- 194. Whilst it is generally agreed that dagga does efficacious. being similar to that produced in the European by not produce any pennanent psychotic condition, it does greater conc alcohol. It is over-indulgence in dagga which orodiuce verv d6finite mor-al- deterioration. It was the control produces marked mental symptoms. The fact that trequently stited by witnesses that the acute phase o-f inevitablv n these observations were made on Natives who had the-intoxication was accompanied by a feeling of well' eliminatiirn, already been certif,ed 'as insane must not be lost being, the person under thelnfluence being friendly and Committee sight of." jolly. During this phase there was increased strength- the evil and ileflnite strength and not merely in the smoker's should rathr 190. The effects on the central nervous system as -The was told of q slightly reported by the observers at the Pretoria Mental imagination. Committee it should bt built vouth who became violent under the influeags sf of addicts Hospital were conflrmed by many witnesses, even only be restrained by the tlough the observation was made on certified mentally dagga and who could institutional efforts of three grown men. When the habit disordered patients. The observers mention the fact, coffbined tionally; in is continued for long periods, his streugth and energy subjects stressed by Dr. Wolff and Dr. Bourhill, that dagga of wane. The smoker loses his will to work and lives ontry provide produces difterent responses in difterent individuals. iasti to satisfy his appetite for the drug which makes him the numbers Herein lies the potential danger of the use of dagga. rouse himself onlJ smoker's behaviour, intoxicated, depends on forget iemporalily. He will The while and as he has lost his 198. his underlying personality make-up-basically, there- su6cienfly io obtain supplies, Manr self-respect he will commit theft to obtain the where- number of i fore, his nervous, and mental constitution-and is for -to purchase At stage of his urban Some addicts withal supplies. . this Nativr that reason eutirely unpredictable. may become dangerous and-may appropriate maniacal driven irresistible smoking career he become and are by thwarted. process of decay wishes po impulses. highly intelligent person under the resort io violence, if This to A described by Dr. J. Bouquet in the Journal of clagga-smokil influence of the drug might have varied and brilliant is well American Me trc, . dagga these terntories (Basutoland fall. in some parts being itnesses. The and Swaziland) constituted Ileh. It is tle main source cultivated mostly in the foist ute temporary of supply of dagga for the Union. belti un-d in the mountalnous parts of the country, and it is also grown I to a mental amongst . ?W..ft is proposed to give a brief description of the crops of mealies and kaffir corn. Re&ntly, ccommodation legrslative and administrative however, as a result police leal procedure. Teas-ures adopted by the of activities, more three Protectorates to combat surreptitious methods of-growing have e Mental Dis- the dagga .rif1 a. *6ff u, been ;dop6d. ofthe dagga position generally in theiE territbries. The It is now.being cultivatedln the-thick Uusn-aoA rij-in ) for the treat- the mountains Uommlttee's task is restricted to an inquiry into the in the remote parts of-the territory,Lnd lics and drug detection -nent. dagga position rq the Union. lt hal no 6ilp.Go." to is consequently mori difficult. :a The conduct an inquiry in the protectorates, remain the nof io mate in recommendations to the authorities of six months. administering--lo the 206. Both in Swaziland and in Basutoland the Pfotectorates. In describing the smokin_g of dagga was indulged opportunities Pfotectorates in in former timer;; it does so meref to"ooOitio", iaiate *hut ou. a racial custom amongst the-rnen als voluntarily. neighbours of the tribi. It was a_re doing in this particulai neld."io tn. usual for the smokers in each vrlagg to gather f,rmed addicts, expectauon that we may learn together rsychosis, is to from their exDerience at a particular spot. As a result 5f the-prohibition of with ttrem moie eiflectivety the drug, the practice nies or retreats mlr1,"I l_"::_r:ary,.co-opeiate is now largely cohfined to the the tuture .in t4e joint task of suppressing the evil glder mgq who developed the re; where they axd meeting habit before prohibition. our international obligations in iespect of r ne mroole-age group now generally and be shown the drug. smoke tobacco. feeding and a In recent years, however, the dagqa-habit has appeared among boys e rehabilitated protectorates between the ages ofl2 and lE veiri who great 101, f[e .population of the is almost taken.to smoking dagga in the form problem rhe. small.Eulopean poputation l?ve of cigarettes. rmediate post- :lr,,I:rL llul"-, being rnls naDlr- rs practlsed amongst the youth of the resroeil, ln the main, in the few small urban re environment urban centres. c-entres only and is not common to tLe rural districts oi rne cllmatrc and-topographical conditions of much of the tikelihood of a Easutotand territories. The aUthorities in Swaziland informed and Swaziland are suitable for tle cultiva- the Department of tign Committee that the producer of aagga wis gineraily 9f dagga, and when ttreir ee";i"phi"rl situ"tio" in a non-smoker cst-institutional relation to. of the drug. He growsll solely"for gaii the Urion, invotv'ing-dtinsivu--ii*-oo and he flnds so remunerative-that :sigaed to meet ooroers, ls borne it he is piepared to in mind, it is perhaps understandable take considerable risks. i I I rj I 26 i person charged "' In the-Union ll tion shall lie upon the li 207. The Committee-ou.t was informed that..durile !|e proot lies with the crown' sectlon position the ;ffb;;il;f'at cint of iht duggu pr-ov i{e.g f o r the pa/m€nt ii *#'v"u.i -'hanipered 'inby the i? ih;;;; Edctumat ion 2t6. Protectorates was considerably "; up to f2.0 outbf public.rerer-Iue to any the European police .t i"*".Oi.t of the ;b;;;;;;i ; targe proportion of whose inform"ti;;;fi*g" is laid' regulting Territ< The replacements' in so Derson on ;;;;;;;.i;; miftarv t6*i""' tni Fioclamati-on' Such rewards pr consisted. generallv L-i"i.iri"iio" i,"o* and i# X rAi;"l""rii' *i." possiule, granted on un *O"i of court' but are pgp Union were untrained and are not In this ;? :;;ili-."r.i"uii.- ,it'" lltii,itr.?,ii.]iv u/it" o'iirict commissioner' Union *;tk' under- such co(rditions under informer svstem' irir*oStilri.o'il^;;ld-au!eu- iJ miintui,"d tle more r ptotpttto' After-the war' as ;;;".d ptou[ion in the Union legislation lil i;;fr;; p9l ice, - There is no -iiugsspecral dagga i,"-ro iii":r r .&.rte6"to iroi niat and the llablish 'tor rewarding those -q made ;;*;";;"fi. -g-ive Union ment was brought up to itrength, the aluthorities dagga oninces'- The'-who Union tiaffic of dagga'. and as ili"#;ir" coniErning distinc ili:,Ji:il tir;'.-uttl'uation und' i."*"ili"i"i'toifiittt is dealt with in the to pro i i"-rrir'i #'poii". Stluis ugaintt the evil' tho authorities ;I"tlJ"# tlat ".it takes anextremelY next chaPter. smoke ;;;';;";ition to repoE Iaw d detection and. conviction "' RnsTousIBILITIES or CgIn-rs IN REGARD skiltul offender to evade- Powrrs^ eNp trafficl the need for and the - - EneprcerloN oF Deccl Prn'Nrs' ilii:l.;ffi;;; iho*ed-clearlv io rrrB of dag and control' It is the the #,ii iitil.ti' .ipoii"" ,ieitu'ce 212. Ot interest to the Union are -r-esponsibiliti whetht in Swaziland'.to undertake given Nat-:ive chiefs ;ii."';-;;.;.ni, ut teiEi i*if-rla"riio^un-o-nututotu'no) in"-po*tr to in the i^1rll.J"'rotici'patrols to comb the di$erent areas' to issist the authorities in proved verv eff-ective' Use itl# iq Basuto- courts, filil;;i#";;ir;' d;; i""ri"*"iirnpt*n *Itir'tr," aagga'evii' Native chiels or traf made (for exampli, in Swazilan-d) of the services ttr eradicating the plant from is also cattle i#.il?.'il;ii il.p""t?ut" after t l"t V"rcii,-"tv Department' such as u,.v t'uu" jurisdiction' and !he-v the countrv and ;ffi-;;;t";;;;iliibh Rule practic "niti"rl "tti[l scattered ihrodghout bo*.t io levv f,nes for-transgressiols' more ;;;td;';[" "re ionttibles' Basutoland' ;i;";;;; chief with the I who also serve as tp..iit -In ffiifi;ffi;;l;;; 6v-th"--bo-'"ittioner- Paralnoun-t to rec( i.i;;";;";&-"-.iii1t" ln.p."ti,t. and agricultural demon-strators il-;;i ^ urlder the police and are required to report when any i.ffi t "t-"tirJ--nidttiJ-N"ti"? Administration Proclamation' These officials' however' ;ffi ii AH;;;iffio in-iGi. areas' i6. 6i of 1938, Provides as follows:- uteas and are not required to - - iiff'#;fi-.rriiuuEa i No p"..orriirall grow, be in pos-session' of' or use 217. inaccessible shall be visil remote, Parts' Oagia. 'Any p.ttonlontiavenin'g this-R^ule penalti taken (for a not exceeding-f,25' 208. It is of interest to note the steps, liable, upon .onur.-uon,-io fni 1Il pra( to^ prev-ent period- not exceedmg--slx ii by G Basutoland Administration) oi-i*priton*ent for a were s tu"u tine and imprisorment"' Swazili ,,i' "*i*pf", ;iltiit;1;'uotu *tii""#*;;iii:1"",*tra#;'&."'"".:',#.1i:; Chief's Order' No' 1/8 of 1943' t949. ,t All,ports or Under Paramount in their r1 r*m these posts' to a"tttov the dagga Plqnt percenl ',Iiiiri'Xili#;";;i;; and-for this i'riirri"r^t are i 6v-i,i'iiuJii oi the'police' h"1ii,ie,"*^-iriaii.a pirticularlv in'the land-s' All,chiefs !i fiil;";ilil motor it consider it unlikelv carrying out this order' The (a) Im .i ;il;;-d;;-Ai,ihorities .thatborder' ;"il";;t;;;i8ie'"1.i. for ti ,ililiit"-"i.- rJed to convey dagga. acrosi th-e- A;ili;5;;;;lnfoimeo dinatl generallv' these powers fin, ii maiJiii"".-"." tr,uiir,6 ttaft-c in dagga across the uv the t[iefs' The.chiefs were (r) Fn iii, oi on bicvcles' ;#;;A.E"t-i*tv (c) Im ,'il il;"d;;H;ii;;i;o uv'irdiuio'als on-root otru in..s.tvet tu-uieCito the law.of the.land' but rhis method would fail to carry fin, ^,1 #'#;#;;f -to ;;.ka";kt],s' "oi;i;;'.;;ilituuiir" attion, should thev (d)Nr: 'r I the ciuantitv exported' There (e) Av rl il"tiilu:ir-ilrl ieitrict out their resPonsibilities. B;sitohnd toihe union and I #,;H;i';il;;ii;-ii& on the- trains' This 2L3. ht Swaziland, Native chiefs do. n9t qos:e!s: I il#.";ei.A;;,'. like- they do to a. ll"ited.extent u I method ot transportrnJ'naJttutttn ini Otug must' therefore' The I was igformed that the dismissed' H;ilffi;id,'ililil'6t'-tittee".iLi-nui-io.itdiction,-as I be largelY differer: wise the authorities in their efforts to I ;f#;;;:&;;-*ith a"ggi. ln Bechuanaland' certain various I in-r;tGA' oN Deccl lN ttts PB'orecroRATES' ffiH";['Jti;ffi" I LpctsurtoN under sepatate legislation' 't 'l the three ilt'#t;i"fi ;;;;. 209. The main features in the legislation.of il"i,{;iir6";ili;rt-i; tt.di of certaii.forms of crime' 218. t1 prii."t"i"i"t' ut" ,r*o.i identicaf with. those of the uut in praciice it was usual' males (to quote the ili.iilil G;;;.ff.;.;-'; ',,F ifiil"'Ch; riiitiiii""-s;'utolaira ii designated. on the iew 6icasions when dagga offences were com- each ol iitiilir"ra t*f; tne opium tnd Habit ;ifi i;; t[A,"ft to rlter i[e cases-to the police 1945-t: fr"#i"g"ilgs'negGtion ProcllPailon' No' 35 of iiiilli'tn"-, iGt tn.v should dispose of the case them' p-ra* igit'rto^te-ut.oo:"liioJvrc,l922'ry^lmende{-by selves. + r sis, t'lo' 1'. and i';;;i"ffii;d No. .f 4s^ -o1 .1e3 !{eh the {gq of tgzl its object 214. opinion expressed by the authorities in b""iiT.i"ii*'s Notic" No' ."'aud The legal the importation' exportation' pr5t..totuGt'lt tlut,'-fi- ini the existing Protec ;""6;ni;.rt ano regulite 'dain, to deal an^d other habit forming ;;;;;il;-;;o--tnii.'uppti.ution aie adgeuate i,rftl"rti"ii and use of- opi"*^the il;;;:;:-"T[e 6*p io other. Protectorates are' srmilarly have the same aims [f :r';,:'1",x{t.:1x"ixEff mutatis mutandis, !aT:{: '[[3Te'J"".Hi'ffihas not become.a Basutola promulgated iD' l9'z'2' ;i ilii;;-tt"tJidi:'to daie dagga and were also An-important witness in Swazilan legislation ;;il;i"-ii" ti*it"iv'l Bechuani 210. The outstanding difference between $azian,i:^ nJ*"*i'-iipt"ssed the opinion that .the dr*;'Uiild u"o l" the Protectorates is in €100 should-be-increased to that il:ffi^.'ilii,;u- ftt;I * "r"'d;;g;;ilpii[? ite maxim-um period of imprisonment [ib6lioie;tthed to deai effectivelv wi]u t]9 traffickers' This imposed as a 6enaltv' ln the Union the carrving daggh should be auto:' the last cr ;;'y- b" . i.i" iiiui-rfiiclJs i.e, 27, I maximum perroo ls six rironthS: in the-Protectorates' confiscated. 'thi-*"otum pttmittiule flne is in both maticallY ;fi;ffi; oF THE UNroN lNp oa*.Iy, giOO' interesting 1o Co-oprnnTtoN BETwIEN rnr Por'rce cases the sa-"' .It-i! in 219. in" *u*i'iu* p"tioa ot imprisonment oF rus PnorncroRArEs' furnishr Itlo"itn"i was the ,Protectorates 'wai not a'lways two. years' It 215. The authorities in all three Protectorates' groups a result of at exisling ;;"fiilhdErioo i"l93i' prdsumablv.as the close to-operation -Present rh,']: thit the lesser term did not serve as an "rnii".i*,i# pori."l"ii" ind the soutf, African Police ;;;;.*t #iffi; police including' eff'ective deterrent. in all mattqrs perdinig to work' attempts toiop-pt.tt the traffic in dagga They the Swaziland Proclamation' No' therefore, 211. Section 1l of believe that the present methods. of co'operatton' 4ns ll'ii'6i-6,i indidd; further difference between the co'operatioi betyegn the two lawO that " the ;il-ff;G'foi""t ot'sucn i[.-P;"d"6tate P{ovides be " sirfrcient to deal Basutolar iiffi;';;a would be a defence to iji* ihould -effectively ;;il;;ftt';ing apv fact which il,iiil--tniiti;laitramcking and use of dagga "' Swazilanr i iliiii-i*travinin'g any provision of this Proclama' 27 '. In the Union Section Crown. StetISTIcs oN Deace CotvrcrroNs. The above flgures include all types of dagga for the payment ofiences. 216. is proposed No separate figures are available to show tEE classifica- . revenue to any It to conclude this brief description the dagga position tion of smokers into age-groups. The figures may, is laid, resulting of in the three High Commiision Territories by quoting some however, be regarded as confirming the information Such rewards statistics of convictions . and penalties, so that they may be compared with the recorded earlier in this chapter that ihe dagga.smoking t, but are Paid habit is conflned largely to-the older generation. ssioner. In this Union statistics furnished in Chapter II. As in the Thi; Union, so too in conclusion would apply particularly to Swaziland where nformer system. the Protectorates, the courts deal much severely producers 8l per cent. of dagga offenders are over years legislation more with the of and traffickers in 30 of Jnion dagga age. The figures for Swaziland further hose who give than with the smokers, although neither in the conirm the Union nor spread of dagga-smoking amongst youth the The, Union in the Protectorates does the law make aoy the in )s. distinction between the maximum penalties applicable urban centres, a matter to which reference has likewise ealt with in th-e to producers and traffickers, on the one hand, and to been made earlier in this chapter. smokers, on the other hand. In neither case .does the IIEFS IN REGARD law define the difference between a smoker and a i PinNrs. trafficker. The courts are largely guided by the quantity he responsibility of dagga found in possession of the offender to decide :o Native chiefs whether he should be regarded as a smoker or a trader he authorities in in the drug. There is a tendency on the part of some CHAPTER VII. hiefs iu Basuto- courts, more especially in Basutoland, where cultivation g the plant from or raffic is involved, not to allow the option of a fine ictiou, and they. after the first conviction. In this respect the judicial PRESENT MEASURES, LEGAL AND OTHER, gressions.. Rule practice differs markedly from that in the Union and is FOR DEALTNG WITH THE DAGGA EVIL; more io consonance with what the Committee proposes It Chief with 'thethe AND DESIRABLE CHANGES IN THE ner .-rder to recommend in the next chapter. EXISTING MEASURES. n F ^amation, 220. proposed, Typrs on PnNlrrrcs Iuposrp. lt is in the light of the information on ression of, or use the dagga problem which has been described in the 217. The following table shows how the types .is Rule shall be of preceding chapters, to subject to critical review the penalties for dagga offences provided by law are applied ,t exceeding f,25,, existing machinery, both legislative and otherwise, for in practice. For this purpose two magisterial disiricts t exceeding six dealing with this social evil. Before doing so, it is were selected: Leribe in Basutoland and Mbabane in necessary to give a brief account present.laws rprisonment." of the - Swaziland; and the period covered are the years 1945- relating to habit-forming drugs, more particularly r. 1/8 of 1943, 1949. The flgures in (a), (D) and (c) are expressed as dagga. plant in their These laws are the Medical, Dental anil 3ga percentages of the total number of convictions:- Pharmacy Act; the Weeds Act; and the Criminal s. All chiefs are Procedure The Leribe' Mbabane' and Eyidence Act. The relevant parts of ris order. (a) Imprisonment these powers without option of laws will be referred to separately. ly, these fine...... 56.5 6.8 The chiefs were (6) Fine only... . 2.8 24.8 of ttre land, but (c) Imprisonment and with option of THn Mnprcer,, DnNrar, eNn Prunuecy Acr, No. 13 or hey fail to carry fine...... 40.7 68.4 1928 (Cruprrn VI, SrcuoNs 61.72). (d) Number of vehicles confiscated. . . . 0 lO* (e) Average fine imposed.. .. f6 8 I L7 11 6 C.hapter VI-of this Act regulates the importa- * .221. do not possess One motor car and nino bicycles. tion,_ cultivation, sale and use of Labit-forming drugs, limited extent in to which dagga, in terms of the Fifth SchedulE of tle formed that the The above statistics are interesting, as indicating the Act, belongs. The followiqg is a brief summary of the difference views o$9nc-e.s created by Chapter n their eftorts to of held by the courts in applying the VI of the Act in'respecr-Act uanaland, certain various types of penalties. of .habirforming drugs, the actual wording of the ,arate legislation, being used, in the main, in summarizing the offences: - forms of crime. 218. The following table gives the total number of (a) No person shall import, convey, transmit, ex.port, ice i!-vas usual, males and females prosecuted for dagga offences in tranship, produce or manufacture a h?rbit- ence ere coll' each of the three Protectorates for the five-year period forming drug or its derivative plant, or cultivate res to the police 1945-L949, compared with the total riumbir of or collect_any such plant, or assist in doing any rf the case them- prosecutions of these things 6l (l) (a) and (6)]. for all types of crime during that period: - [Section (b) No ,person shall administer, give, sell, barter, authorities in the D.a.ccl OrrrNcss. Total I Percen- exchange or otherwise supply or use, accept, he existing legal Protectorate. for All I tage of purchase, take in exchange oi otherwise recei-ve Types ofl Dagga ldequate to deal uale. or be in possession of any such drug, plant or In one of the t*r. Crime. portion - lremale. I lOffences. of a plant [Section-61 (t) (c)].- ng Commissioner (c) ras not become a 4ny person who keeps in his possession or under rrtant witness in his control or uses any habit-forming drug with- rpinion that the out exercising-all reasbnable care in-the iustody I be increased to or use thereof is guilty of an ofience [Sectioir the *-This 6l (2)1. ith traffickers, - lgure 1ef9rq !o 1949 only ard the percentage given in ihould be auto- the last c-olumn (1 '3) is based on the number of-dagga pfoseiutions, (rI1 .by i.e.27, for that year only. Except as authorised by the Act or. a certiflcate or order issued thereunder. no person F THB UMON AND shall for purpose of sale or supply to anf other S. 219. The Basutoland and Swaziland authorities have person be in possession of oikeep anv habit- furnished forming ee Protectorates statistics for the year 1949 to show the age- drug [Secrion 62 (3)]. g{qup.s to which dagga offenders for that year present existing belongEd. (e) No. person shall export This is reflected in the following table: any habit-forming- drug th African Police without a certiflcate [Section 6a @)]. work, includirg, - e) ic in dagga. They ff) No person shall sell or. supply any habit-forming :o-operation, and drug.or qny preparation containing any habit_ )etween the two IoJu1lng _drug. unless the container is properly c deal effectively labelled [Section 66 (l) and (2)]. dagga ". , ,t ,, G) No prson shall supply or deliver a habit-forming | I l,z? 1,,, drug to any unauthorised person [Sectiou 66 (3)]. 220-3 Irl lii. ri '.1'i,' 28 rrhose il' steps which he against. (h) smoke or use, or import, manu- entered upon the land and is taking ,or No oerson shall as the van rttl ' ' sell or supply, or possess for purpose of considers necessary to obtain information to facture, and as to the area -receptai dagga appliance.s' o.r or Dresence of anv wled on the land .appetl6: sale or supply, Possess 'on is'growing 9 (l) (a)]' use a habil-forming drug or derivative plant' or which such weed [Section .any pel keeo. assist or beloncerned in the keeping of Tnr CmurNlr PnocpBurn aNo EvrpENcs Acr, No, IeCeptar ^frequenting premises places for .equal or any- or 31 on 1917 (SncrroNs 51, 53 b,s, mo 366). tr a smokin! dagg-a or foi the consumption of l)roceec habit-fo-rming drug (Section 69). Special Powers oJ Entry and Search. .op1ruon and search (r) A chemist or other authorised- person.who fails to 225. Tt addition to the powers of entry powers which are provided ,evidenc retain, preserve and keep thE lequire! records in respect of habit-forming drugs, respect of habirforminq bv Se6tion 7l (l) of the Medical' Dental and Pharmacy the Un and rLgisters'furnish in 9*g9, con' or to particulars require^d- of him, is ,{ct, special pd*ers of entry-by and search-are.-also 'confisci persons Section 51 (1) of the , guilty of an offence [Section 65 (8)]. terria'on cdrtain motor Evidence Act. That sub- strongll obstructs an Cii.inui Procedur6 and (il Anv oeson who resists, hinders or justice of the peace, and any powers powers of entry section enacts that any-poit otticir in the lawful exercise of otri..*u" holdine 2 or rank to be designated and search, is guilty of an offence [Section 7l Q)1' tv the Minister of Justice from time to time for any Succns (A:) Anv person who contravenes the conditions of oirticular area, who has reason to believe that any any dertif,cate or licence issued under the Act or iubstance has been placed upon any premises or a! under the Act, is guilty the. custody o.r possessiotr of any ani reeulatioo.-offence -ud. any place or is in 229. of'an (Section 70). Derson uDon anY premlses or ht any place in contra' legislat: in iention of any law-relating to habit-forming drugs, may changer 222. The offences most commonly committed 'enter such premises or place, its possession, ui onv tim" and search .effected r".o""t o}'O"sea are those relating to person such premises or place, or.he is say, the offences are oi iidrctr any in ,dagga. .roirt, and cu'iiivation-that to 6.i'tten authority io any person applying concerned with dmoking the drug' -uu- *unt 'point t, .ifi-os't-iuitiriting iictusivelv theiefSr to make such entry and search. In Govern' .penaltir *itn it, and with trading in it. for gain' the 28th June' 1935' the for the cultiva- No. 906 dated Dental d."tio" O+ p.tiits ihe issue of a licence -iniNoti"e, every European policema-n of or certificate for its. exportation l,finirt". designated whethe ;i";;i dalga and of a rarik of sergeant at al[ places throughout the Act was passed in 1928' oniy aUove ttre gain or ir"ro in"-uilo". Since the search for habit-forming drugs' cultivate and one certiflcate to export Union to fine of o* ti""oc, to mo; il;"-b;n iitu"o. They have not been renewed' 226. The present legal position, therefore, is that ^six the overseas demand may be made in terms of 'Commi ,ior*uuiu on the ground that urJ t.irch for dlgga--rientioried purposes has disappeared "ot* three in paragraph 220 ;smokel i.i.-tn"-oi'"*-1* *fri"inul i[ii6 a.tt:tne-iir" pounds i;-ti"* oi-fire avaitauility of equally good substitutes' u6or".- essential difierence between the powers of by the Medical, Dental and Pharmacy ^alterna seai"n conterred tI Powers of Search. ffi;d the aiiminat Procedure and Evidence Act is "tion power entry- 223. Section 71 (1) of the Medical, Dental and i6i iil former, in effect, confers the of .person' of . should prriimacv-Aci confeis upon police officers-of the rank ;il ;;;";h il all European policemen-, Iegardless entenug prbviso-that a policeman with o[ ieieehnt or above,-special powers for ;h.ir-;;"-ta *itt, ttit 230. 'l wariant, and for search- below that of sergeant may exercrse the power I #di;$;; rinitr"., with,iut rank the , pt"-iiii br vehicles if it is suspected on ;]:;fih only if dehy 1s likelv to defeat the. gbiegts "of il;l;;t or and- provided he human ;4.;;;6j.'t;*ds that anv. habit'forming drug oi tLJ sectloi, empoviering'conduciing seirch, isame f or conveved in after the search reports the kept, used, cultivated irir.i.-oi"tav . Experir ;i;;;'-i;-6.i;g defeat the chief police officer I"lii"**iiiii* i.'hi.le.. Where delay would ;;iil i" ihe magistrate or io ..any.de inember of the iJnder the Criminal Proccdure and ;il-"6iil; th" AA if a European A"ift oi*tti"t. -all prc of s-ergeant- were flrst 1o on the other hand, the special powers of i?ji* i"r't"'i"in"" t.io* - tne rank i"i0."."-4"t, -his rel auttrJrity for t'he iearch' then such ."iir-"rO search are at present restiicted to police L""ii" Police punish ). th6 police force may exercise the ihe rank of-sergeant or-above' tl il;;.";-;;muit ot *itn ,:so thal exercised bv a representatlons that the powers il;iffi;Irv ano sear6h which are witnesses"ifr"i.r have made and to ;i serseant or above' provided search in rispect of habit-forming drugs' il.Iriu.t i,iiii'i'l',"-;;"k Act only-' he tnul u. soon as possible thereaftgr report 10 pirticularly"f-""ii,-*ort "na dagga,.should be soecified in one 231. i-i;i the being the Medical, Dental 'witnesr the mas.istrate or to the'chief -sectionpolice officer of ifri apdopriate Act ;i;ri';{";iil [. t ut doo.. This also provides and PharmacY Act. asas( pipes, r-eceptacles or irili'ri,t.i. anv orugs' plants, or. ReceptrcIe Conveying or .Aim w dagga aie-found as a result ,seizure of' Vehicle for -will, fc ,".riii"r.'Ji-t*-'*rn"tiid Containine Habit-forming Drugs' t^n.y in.u uE sei76d and removed' and if it the pla ;fffi.Ji, '\Nhen person on a charge of.comntit' uny such drug, plant, pipe',r.eceptacle 22'1 . arresting a :ao defi ir';;;;A i[i[ -possessed' -tiept, or law relating,to the illicit ii llptiance was -theused' cultivated tin!-an undei airy :made of Act'. it. shall be ooisession,"ffirC. conveyance or supply of habit-forming :non-Er conveved lin contravention of The potice authorities have ffi;;:"iil'peison'mating the dnest mav' in ]erms :rate ol tJitltL,i-t.i",ni-Cio*n. -aii Evidence il;'iilJ;"t in ttreir representalions to the Committee ilfi;r-:ia or-r.t tne Crihinal Procedure and Comm police hampered in the detec- i"t" or r-eceptacle in the..possession .agetrts ttrat ttre are consiierably 'rid'.iit.loueJtl?irJ thc una the irafficker in daFga bv the "oy6f the arrested p6rson at the time. of immed iffi ;i-tff;ttiuutoi any po*.it of search provided by this section arrest. and used in the conveyance of or coltalnlng is evidr il;A;;; is alleged to ;i'rh"'X; Tii. c..*ittee's iecommendation is given ;;ii.l.; ;;rbrtance with whilh the offence 'trade i later in this chaPter. be, or to have been committed' .genera. .Comm of Such Vehicle or Receptacle' Act, No. 42 or 1937' Forfeiture whole, Tsn WmPs Procedure and eradica' 228. Section 366 (3) of the Criminal 'traffick 224. Provision is made in this Act.for the who has proclaimed E;A;;;" A;i- proviies that where a .per'son .option tioi-lt-iritai"-*iedt. Dagga- has been 'on the grounds described in the last purpose 6f-the Act' An offence is 6'.."- iii"ii.A senten( u?*i"o;-toi-the ^oc6upier ;;;;;*rh ;^d has been-convicted, the court may' if.it a bv ttre or olvner of lald u-pon or the "of imp L-*iit he ihirf;-[i: d..tut. that vehicle or -receptacle, .allower *6.a ipe.inea in the Act is growing' if to the ffii"T;; the i,-.""i.t.0'r.i*n's right thereto' to be forfeited *itt io the period stated in does not, however' 'convicl ilirr-'tJ?r"ilJ"tt'it- such A;;fi. fhe court'i declaration been r trim uy an oificer, or within pe-rson to. the vehicle or ;;idniti""-gir., may iigitts ot any other- .once o period-as lthe Minister of Agnculture no knowledge.that irrtdi of land' further' i"."ptr"f","'ri"ii-it " if"it is prov6d that ha had .case it lil,ii,'is5Jtl", z 1zil. me occupier or that it would be so used' or fails to render assistance il-fi;6;irt so used li,'iilhiit-i, he not prevent such use' The other person ffii"*li'l. ;;;';;;bi,"r.*!'it iiquired bv an officer who has ii,ui-t. couid 29

whose rights are affected, is given the right of appeal ?Belt who got into difficulties. Traffickers, in fact, .eps against the conflscation order. If the order is set aiide look upon fines merely as part which he -court of their trade on as to the or varied on appeal after the sale of the vehicle or expenses. It is obvious that, for the reasons stated, rs to the area receptacle or of the rights concerned, the successful fines alqne do not have the desired deterrent effect on r 9 (1) (a)1. "appellant may, at his option, enforce his rights qgpinst the traffi.cker. If the traffic in dagga is to be etiminatBd, any person in possession or custody of the vehicle or or at least- restricted, far heavi-er penalties than at ICE ACT, No. -receptacle, or claim from the Government an amount present apply should be imposed. rxo 366). "equal to the value of those rights but not exceEding the trch. ;proceeds of the sale of those rights. It is the general 232. The Committee is in possession of statistics in .opinion, more particularly of the police, that the above respect of sentences imposed at certain centres and an and search ry .powers of confiscation are ineffective. From the analysis of these statistics conflrms the contention that are provided .evidence there is apparently a vast traffic in dagga in the courts are inclined to leniency. At one centre and Pharmacy there the Union. It is sig^nificanl that during the yeal-t}ll were 22 cases in which ttre quaniities of dagsa involved are also con- ,conflscation orders were granted only in respect of six made it obvious that the offenders had beei-engaged in 51 (1) of the :motor cars and nine pedal cycles. The Committee is trafficking. In only one of these *"s-ifiori.o"- . That sub- strongly aud unanimously of opinion that the existing ment^ imposed without option of a"ii"r pefrod reace and any flne, the -half of powers of confiscation do not meet the situation. rmprisonment being three months, that is, the be designated maximum period. allowed time for any -by law. In the remaining SuccrsrBp CqaNcns THE casls the alternative of a finb was allowed, ieve that any rN PnEsrNr LrcrsLerroN. which wai f,25 in each of 14 cases and ,remises or at f15 in each ofievin Penalties. The statistics unfqJtunately do reveat "uses. ession of any nor wneiniioi given. a brief description presetrt not the offenders' had lce in contra- - ?z2..Having_ of ilrevious convictions. The Iegislation on the subject, it is proposEd to indichte the ltatistics, which are confined to the Free State, are as ng drugs, may changes which the Committee considers follows:- rises or place, should be effected in that legislation with particular reference to r pl4ce. e1 !1s ,dagga. probably CoNvrcrrous ron Tn,qrncrrNc rN Decca. ,plying The first, and the most important : rsor point to consider is that of penhlties. The maximum . In r-iovern- .penalties provided Chapter rne, 1935, the by VI of the Medical, Dental and Pharmacy are No of : liceman or Act the same regardless of Centre. | of whether the offendei smokes dagga, I Lonvrc- | w hroughout the cultivites it for tions. or trades in These penalties maximum j t. -gain it. are a ] flne of f100, or a maximum term of imprisonment of efore, is that ,six months, or both such fine and imprisbnment. The 0 s.d. le in terms of .Committee found that the usual penalty imposed on the I 2t 81 2lt2 0 -shilings I 220 ;smoker was a flne varying from ten to three 4 49 11 00 'aragraph pounds, 0 t2 38 1450 the powers of with short terms of imprisonment as an 0 I 30 1200 and Pharmacy .alternative. The court generally takes into considera- 2 1t 43 600 ddence Act is -tion the quantity of dagga found in the convicted ower of entry person's possession and decides whether or not he regardless of should be regarded as a smoker or a tramcker. !3. As indicating the more serious light in which :liceman with traffic in dagga should be regarded, th6 Committee ise the power 230. The Committee agrees with rhe present practice considers that the Act should specify separate penalties at the objects ,of the court-s to deal lightly with the smoker. ihrough for the consumer, on the one hand, ani the tiafficker provided he human weakness he cultivates the habit just as, for tEe and grower on the other hand. The existine penalties h reports the ;same reasons, others take to smoking, drink or drugs. could very well.remain and continue to ap[ly to the police officer Experience has shown that imprisonment has tittte, if consumer as a deterrent measure. althoueh- in- practice tocedure and .,any. deterrent effect on the smoker and tlat he will in tbe courts will make sparing use of theml cial powers of -;all probability resume tle consumption of dagga on The penalties for the trafficker, :ted to police . his release. It is necessary, however, to continue to ^234. in the opinion punish the smoker by way- of a fine or imprisonment of the Committee and of witnesses without excription, .bove. Police should be substantially powers 'so that it may serve as a deterrent to first offenders increased, not only quantititive- rt tllA Iy' to others who have, as yet, not acquired the habit. but also in respect of the abolition, orin6 fimitation, iorrr' drugs, 'and of the choice one Act only, betweeo imprisonment and flne. The 231. There was unanimity in the views all Committee accordingly recommends that edical, Dental --witnesses of for offences in that the trafficker in dagga should be regarded respect of .the traffic or trade in dagga (including, as a menace "as social and that the law should deil with stated earlier, its cultivation) the nialmium terri of Conveying or him with considerable severity. (fhe term trafficker imprisonment should be increased from six to 12 ,8S. will, for convenience, include tLe person who cultivates months and the maximum fine from f,100 to f,500. The the plant for the purpose ige of comnrit- of gain.f The Committee has suggested increase in the maximum flne should be to the illicit : no definite information concerning the amount of money considered, amongst others, in the light of the reduced made by traffickers, but it doei know that a certain value of There was habit-forming lnoney. a slfiht divergence-of of y, in terms of :non-Euro-pe-an trafficker paid a European driver at the views in the Committee on the apflication these Evidence rate of fl00 a trip to convey dagsa by car. The penalties. The- majority felt, as aid tne majority of and Committee lhe possession was als6 informed itrat Iiafficters or their witnesses, that for the first and subsequent conviciions agents_readily paid whatever flnes were imposed, either a term of imprisonment up to 12 months without the re time of the immediately :ontaining any or within a few days after conviction. It option of a fine should-be imposed, and that, in is evident that large profits are being made in dagga addition rc is alleged to 'trade the to such term of imprisohment, there should at the expensE of the unforiunate smoker ri6o be a. flne not ex-ceeding f500, and in default of payment g_enerally yet belongs to the lower income group. the of the fine, a further term of imprisonment rip-to 12 eptacle. Committee found, somewhat to its surpiise,-that on the months. The object of the fin-e is to re[6ve the whole, the courts deal rather lenientlv Procedure and 'traffickers. with the trafficker of some of his ill-gotten gains. It is conceiv- Sentences of imprisonment without the able that there may be special rrson who has .option circumstances where the ,d in the last of a, lne are very seldbm lmposed, and where imposition of a sentence such as is proposed, on a first sentences ourt may, if it of imprisonment only are imposed, the terms offender (that is, both imprisonment and fine) may cause .ot rmpnsonment generally ptacle, or the are well below the maximum h-ardlhip. To meet such a contingency-of the members of trfeited to the .allowcd by law. In the great majority of cases, ttre the Committee who were in favour the proposal, not, however, convicted traffickers get the option of a hne. and as has felt that if such special extenuating circumitan'ces wer vehicle been remarked. the f,nes are invariably paid either at present, the court would not hesitate suspend the or .once to the :nowledge that or within a few days of conviction.' In the latter sentence imprisonment, or a portion th6reof" to .case _of :e so used, or it is obvious that the principal paid the fine of his obviate the hardship. The members in the rnind,rity l other person 220-4 30

agreed with the proposed penalty (that is, imprisonment Section 7A (Majority view). or that an0 nne) provided it were applied after the flrst * 70. (1) Any person who contravenes any provi- inefiecti conviction. They were of opinion that the courts sion of paragraphs (a), (b) and (c) of sub-sectioc regard should retain their customary discretion .of imposing (1) of section sixty-one shall be guilty of an offence of confi imjrisonment or a fine, or both imprisonment and a and liable on conviction to imprisonment for any immens flne, where it concerns a flrst conviction. period not exceeding 12 months without the option, 235. The considerable increase in the maximum of a fure, and, in addition to such imprisonment, to 242. penalties for trading in dagga will serve as an indication a fine not exceeding flve hundred pounds, and, in- strong r io ttre courts that the Legislature regards the offence in default of payment of such line, to imprisonment for- the intr a very serious light, and one may, therefore, assume a further period not exceeding 12 months. of vehir that ihe courts will be prepared to impose relatively (2) Notwithstanding anything to the contrary con' convicte far heavier sentences than has been the practice in the tained in any law relating to magistrates' courts, or' ship of past. It may also be pointed out that the view that in any other law, such courts shall have special that tlx imposed trafficker is jurisdiction impose penalties prescribed in- a most imprisonment- should be on the to the in conformity with international requirements for sub-section (l)." fully en suppressing the illicit traffic in dangerous drugs. Article fof cor (Minority view). 2 o1 the International Convention of 1936 reads: Section 7O where a " Each of the High Contracting Parties agrees to make " 70. (1) Any person who contravenes any provi- quoted the uecessary legislative provision for severely punish- sion of paragraphs (a), (b) and (c) of sub-section found i ing, particularly by imprisonment or other penalties of (l) of section sixty-one shall be guilty of an ofience' gam9. (Natal;, deprivation of liberty The Union is not a and liable- 35ofl signatory to this particular Convention but the matter (a) on a first conviction, to (i) imprisonment for .U is inentioned here to indicate the international view- any period not exceeding 12 moaths or point. Having regard to the Committee's recommenda- (iiI a hne not exceeding flve hundred pounds in cor iion and the international attitude on the matter, it is or (iii) both such fine and imprisonment; ...4 suggested that copies of this report be made_available im- thing judicial (D) on a second or subsequent cohviction,-to to all officers, that they may acquaint them' prisonment for any ptriod not exceeding 12 of tht problem Comm selves with the seriousness of the and the need inonths without thl option of a flne, and' in for energetic aud somewhat drastic action if the spread addition to such imprisonment' a fine uot to thr of the evil is to be prevented. exceeding five hundred pounds, and, itr- Two' Special lurisdiction for Magistrates' Courts. default of payment of such flne' to imprison- to allow 236. lt ttre recommendation of the Committee for ment for a iurther period not exceeding 12 the pers I increased penalties for the trafficker is accepted, then months. to the I t{ the maximum penalties will be well beyond the ordinary (2) Notwithstanding anything to the contrary con- ii jurisdiction of magistrates. Representations were made tained in any law relating to magistrates' courts, or I 243. I ,l the Committee that special jurisdiction should be shal have. special io in any other law, such-courts others b given magistrates deal dagga cases, similar prescribed in to to with iurisdittion to impose the penalties Commitl io the increased jurisdiction accorded them under the (l)." lub-section tion of ' Stock Theft Act. The Committee supports these drastic i representations and recommends them to the authoritres Proposed Section 7O bis. rr l favour, F' concerned. any provisions of 240. "Ary person who contravenes vehicle penalty is otherwise provided- t Formulatio,n of Suggested Legal Changes. this Act toi itrictr no he may the conditions of any certiflcate or licence issued following paragraphs an attempt is made or to the C 237. h the under the provisions of- sections sixtylhree ot sixty- to give legal formulation to the changes in the existing chapter, shall victed P, preceding para- tour or ant' resulations made under this law which have been suggested in the 'be guilty offence and shall on conviction be alleged t graphs. separate penalties are created for the bf in should t If liabie to a flne not exoeeding one hundred pounds, or consumer and the trafficker in dagga, and if the months present I for a period not exceeding six . maximum penalties the latter are increased, then to imorisonment tion of for the option of a fine, or to both such and be necessary to amend the Medical, Dental and withoirt lne given an it will such imprisoriment; and any such drug or plant or Pharmacy Act, No. 13 of 1928, as hereinafter indicated. the purp oortion plant, referred to in section sixty'one, bf a that he r Prohibition of Use and Possession of Habit- sixry'four' sixty-five' sixty-six or Trffic, ii*ty-t r, sixti+hree, The pres Forming Drugs. .sixiv-nine of this Act shall be seized, if tlere are reas- paragraph (c) onu'bl" *rounds for suspecting that it has been unlaw- against , 238. There should be substituted for conflscat: of Section 61 (1) of the Act the following two new para- fuly idporte.d, acquired, produced, extracted' derived graphs (c) and (d):- oi i't uttuiu"tureO; ind if any person is convicted of a settions (c) administer, give, sell, possess for the purpose of coniravention of any provisi-or of any o-f those 24. T " or licence sale 6r supply, barter, exchange or otherwise oi of tt conditioni 6f any such certificate of confis, supply or accept, purchase, take in exchange or aforesaid," the plant or portion thereof, 91 gltlg -or is the Crr otherwise receive any such drug, plant or i""iotacle^ or appliance in respect of which the ship of t portion of a plant; or ;;ffi";;;ti";"i"". takes p'lice shall be fbrfeit€d and shall with regulations'" (d) use or be in possession of any such drug, plant UJaiiposeO of in aci:ordance tions for or portion of a plant." Confiscation of vehicles' the Com the courtr Penalties and Special lurisdiction for Magistrates' 241. As pointecl out in paragraph 228 above, t4e unless tl dagga ts Courts. conflscation- of vehicles used for conveying belonged (3) Procedure 239. is suggested that Section 70 of Act No. 13 of ;;;J;ta bv section 366 of the Criminal 'who ar lt practice" is 1928, which is the penalty section, should be repealed friO.i"e Act, No. 31 of 1917. In con- Having r and that the following new Section 70, as well as a u"ti"te."o'O used in the dagga traffic are seldom mittee ca generally borrowed Section 70 bis be substituted for it. There are two il;i;A to. tt i"atoo thai-they are the courtr formulations for the new Section 70, the flrst represent- f,;i the pu.po*." In view of [he sutterfuge e1p-loyed ing the majority view of the Committee, the second, the i; #ffi6di. it is rare indeed that it can be established minority view. The divergence of views on the part triai-itr,l-i"i*tiih is being used by the culprit is his 245. A, of the rirembers of the Committee in regard to penalties ;ffi ;i;; in which he h'as a finaircial interest' The traffickers for traffickers who are first oftenders was referred to in h;- ;; oi"t.nt safesuards the rights of any other regard to paragraph 234 above. It will be noted that t}te oerson t6 a vehicle,:'if it is proved that he had no u$ually n, Comhiitee is unanimous in recommending special fnowledge that it was being so used (nameJy, to con- of owners jurisdiction for magistrates' courts. ,ii t drugs) oi' that it worild be so used matic cot increased "uft:tor*ing 3r

or that he could not prevent such use ". The apparent person is the owner of the vehicle and forfeiture in the cases, the es any provi- ireffectiveness of the present provision of the law in discretion of the courts in other will, in be greatly facilitated the )f sub-sectioL regard to conflscation^ is seeri by the small number opinion of the Committee if the necessity proving or dis- an offence oiconfiscations actually effected, having r€gard to Crown is relieved of the of of proving recommended that nent for any' immense scope of the traffic. dwnership. It is therefore, ,ut the option another sub-section be added to Section 366 of the Act, No. 31 1917" nisonment, to 242. The Committee was impressed by the very Criminal Procedure and Evidence of provision person charged with con- unds, and, in- srong representations made throughout the Union for to make that any ,risonment for the iitroduction of powers of automatic confiscation veying habit-forming drugs in any vehicle, watercraft purposes this section, be rths. of vehicles, mainly motor vehicles, used by persons or'aircraft, shall, for the of vehicle craft, until ctinvicted of conveying dagga, regardless of the owner- deemed to be the owner of such or contrary con- the contrary is proved. In view of evidence to the Bs'courts, or' ship of the vehicle. It was emphasized by witnesses thal the forfeiture of vehicles should be regarded as efiect that watercraft and aircraft were also being used have special by dagga traffickers, the Committee decided to recom- prescribed in. a most effective deterrent measure; and the Committee fullv endorse this view. Witnesses who made a plea niend that craft of this nature should also be liable fbf-compulsory confiscatidn of vehicles in all cases to conflscation. where dhgga was conveyed, regardless of ownership' es dny provi- ouoted thE-orecedent foi autom-atic confiscation to be f sub-section fiound in th'e Natat Ordinance for the protection of 246. Although the proposed presumption is of some' of an oftence, game. Section 33 (6) of Ordinance No. 2 of l9l2 what drastic nature, it must be borne in mind that the [.{atal), as added liy Section 33 of Ordinance No. traffic in dagga is assuming alarming proportions and provides risonment for 35 of 1947, that- strong measuies are therefore, necessary to combat tle months or " UDon the conviction of any person for an offence evil. The introduction of such a presumption woutd rdred pounds in coniravention of anv provision of this Ordinance undoubtedly have a very strong deterrent eftect. The sonBerrt; . . . any weapon . . . veliicte . . . or other article or trafrcker whose agent is caught conveying dagga by ssmmission motor car have risk losing his vehicle or dis- ro irtr- thing ei:mployed by such Person- ia fts will to ictic an element in the closing his identity to the police. On the other hand exceeding 12 of tfie oden6e, or-which f:ormed be declared forfeited there danger hardship or injustice to the flne, and, in commis.loo of'the offence, shall is little of the case of a stole,n fine not to the Provincial Administration." innocent owner of a vehicle. In , a vehicle the police will have no difficulty in satisfying Lds, and, it section was amended Two vears later, however, this the court what the circumstances are. In other cases, to imprison- not being , to allow the owner of the conflscated vehicle, such as where the delivery vans of reputable flrms are exceeding 12 oftence, to apply the person who was convicted for the used unscrupulous employees, ownership can easily property. by to the Administrator for the return of his be established. contrary con- :es' or courts, 243. ln spite of the general demand for & amongst have special South African Police' the others bv irembers of-the 'fhe the accep- prescribed in conflsca- 247- recommendation of Committee, if Committi:e is of opinion that the automatic following would be too ted, would involve the substitution, on the tion of vehicles refardless of ownership (3) as insertion stro-ngly in lines, of a new sub-section well as the drastic and might-cause hardship. It is (3) Dis sub-section (3) of provision the law that the of a new sub-section for favour, howevei of a in Section Procedure Evidence provisions of person'-or any rights 366 of the Criminal and ,ise provided. vehicle belonging to thebonvicted Act, 1917:.- should be automatically confiscated icence issued he mav have-tolt, Where the vehicle driven by the con- " (3) court convicting any person any ree sixty- to the Crown. The of or person time of his arrest belongs' or is offence specified Part of the Second Schedule chapter, shall victed at tle in I a third party, the convicting court of this Act, who was arrested while in possession or :onviction be alleged-to belong to as if is empowered- under the custody of any vehicle or receptacle used in the con- d pounds, or shoild be empowered, order in its discretion the conflsca- veyance containing article substance tg six months Dresent leeislation, to of, or any or The owner should, however, be connection wherewith said offence was com- ;uch f,ne and ion of tfre vehicle. in the siven an opnortunitv of proving that he did not know mitted- or.+nt or being used or y-one, ihe porposb'for which the vehicle was on prevent its use for that purpose' (a) shall, if that vehicle or receptacle is the t, sixty-six or that he was unable to by the aggrieved owner property of the convicted person, or if he has lere are reas- The Dresent safeguard of appeal decision by the court granting the any rights thereto, declare that vehicle or been unlaw- asainst an adver-se person's dnfiscation order, should also be retained. receptacle, or the convicted rights cted, derived thereto, to be forfeited to the Crown; and mvicted of a (D) iose sections 244. The most serious obstacle in obtainingan order if that vehicle or receptacle is the property of rte or lioence of confiscation under the present provisions of the law some person other than the convicted person, or drug or is the Crown's difficulty of proving or disproving owner- may, if it thinks flt, declare that vehicle or of which the shio of the vehicle in which the dagga has been con- ' receptacle to be forfeited to the Crown: rd and shall u.n"d. The result is that comparatively few applica- Provided that such declaration of forfeiture tions." tio"ns for confiscation are made- Evidence given before shall not affect any rights which any person the Committee throughout the Union has shown that other than the convicted person may have to the courts invariably iefuse to grant conflscation orders the vehicle or receptacle in question, if it is 8 above, tle unleSs there is satisfactory proof that the vehicle proved that he did not know that it was being ing dagga is person o.r p-erson used or would be used for the conveyance belonged to the convicted to -soPe ral Procedure ' who ii an accessory to the iommission of the offence' of, or as a receptacle for, the said article or In practice, Havins resard to the law as it now stands the Com' substance, or that he could not prevent such seldom con- flnd fault with the attitude adopted by use." rlly borrowed *itt.""."o-rot the courts. rge employed " (3) bis. Whenever any person is charged with con- rc established veying any habit-forming drug mentioned or culprit is his 2A5. As has already been pointed out,- dagga included in the Fifth Schedule to the Medical, nterest. The ruffi"t trt employ so many subteifuges partictlarly in Dental and Phannacy Act, No. 13 of 1928, in f any other iesard to the uie of moior cars that the Crown is any vehicle, watercraft or aircraft, he shall, for .t he had no o."uallv not in a position to adduce or rebut evidence the purposes of this sectioo be deemed to be nely. to con- oi owherstrip. TLe proposed changes involving auto- the bwrier of such vehicle, ,&atercraft or air- I b-e so used matic confiication in the case where the convicted craft until the contrary is froved." 32

and Search. Proposed new sub-section (l) lor Sectiott 7L. Powers ol Enty (6t I 248. Strong representations were made to the Com- " 71. (l) Any person authorised thereto in writing mittee that powers of search be conferred on all Euro- by the Ministei or by the Cornmissioner of Customs pean policemen regardless of their rank. It was con- and Excise, or any European policeman, or any tended that the detection of dagga traffickers was being non-European policeman specially delggated thereto hampered because policemen below the rank of sergeant by the Divisional Criminal Investigation Officer or were reluctant to use the emergency powers of entry tie District Commandant of Police, may at any time and search accorded them in terms of Section 71 (l) search any-unlawful person suspected on reasonable,grounds of of the Medical, Dental and Pharmacy Act, which being in possession of any habit-forming required that such policemen, who are without written drug or plant or pbrtion thereof from which such premises, Per authority carried out entry and search, " shall, as soon drug is derived, oi enter and search any as possible, report to the chief officer of police of the place, receptacle or vehicle wherein it is suspected 256. district or to the magistrate what he has done ". irpon reasonable grounds that any such drug 9,r.plant case v oi portion thereof, is being kept or used or cultivated Free S 249. The Committee agrees that powers of entry and or conveyed in contravention of this Act, and if on (o.P.D search should be accorded to all European policemen such seaich any such drugs or plants or portion convicr regardless of their rank, but it feels that provision thereof or any'pipes, receptacles or appliances for dagga. should be made to guard against possible abuse of such smoking or uiing the same are found, they shall be found powers. It recommends, therefore, as a safeguard that seized and removed together with any books, acoounts . allowe, a European policemen below the rank of sergeant or documents relating thereto, and if it is proved purpos should make a written record of the search in his pocket that any such drug, plant or portion thereof' pipe' being book, rather than that he should be obliged, as at recepta6le or appliance was possessed, kept,. used' eradicz present demanded by law, to report what he has done cultivated or conveyed in contravention of this Act' himsel: to the magistrate or the chief police officer of the it shall be declared'forteited to the Crown; Provided Two' district. that whenever any European member of the police instruc force below the rank of sergeant exercises the powers police he shall make a record in On rer Powers of Enry and Search for Non-European conferred by this section search; and provided further aCCUSe, Policemen. his pocket Sook of such thaf whenever any non-European member of the and, fi witnesses suggested that the powers of 250. Some police force delegated as above exercises the powers crime I entry and search for dagga should be given to all non' ionfened by this section, he shall make a record in an oftr European policemen; others again considered that such his oocket book of the search or he shall make a was nc powers should be conferred only on specially selected repoit to his superior officer who shall without delay " assisl ii non-European policemen. The Committee supports reiluce such report to writing." convict til tle second view which was held by the majority of 1ll witnesses. Like these witnesses, it feels that it would Proposed new SectionTL bis. 2s7. i Comm be unwise at this stage to grant such powers to all noo' * may any i 7l bis. (1) Any policeman enter upon offence European policemen. The Committee accordingly land and do thereon any act which he considers recommends that the District Commandant of Police Pharm i necessary in order to obtain information as to the authority selected non' " assist be empowered to delegate to presence or cultivation of any dagga on.such land European policemen in his district to eDter premises growing. words { and as to the area on which such dagga is Comm lr and vehicles and to search for dagga without warrant, (2) Any person who resists, hinders or obstructs ,i I provided that they make a written record of the search policeman lawful exercise of his powers "orF officer any in the assist i in their pocket books or report to their superior undei this section shall be guilty of an ofience and who muit reduce the report to writing without delay. would liable to the penalty mentioned in Section 70 bis " ' 251. At present searches under the Medical, Dental Chal the Procedure and and Pharmacy Act and Criminal Possession of Dagga Purpose of Sale or Supply. as ls Evidence Act can only take place when there are for .t,l reasonable grounds for suspecting the presence of habit- 254. As the trade in dagga is conducted in a very ,",1 forming drugs. The Committee considers this qualifica- secret manner, it follows that the parties are seldom 't .l- tion a necessary safeguard which should be retained. caught whilst actually takhg part in such a transaction. Iuvariably the accused are charged merely with being 252. Orc of the recommendations of the Committee, in posses-sion of the drug. The court then generally to be made at a later stage in this chapter, to combat the infers from the quantity of dagga found and fncm the evil of the traffic in dagga, is that special police squads fact that the dagga is made up for sale into small be formed to concentrate on the task. The activities of packages commonly known as a "pil" or a "zol", such squads would be hampered unless the members whether or not the accused should be regarded as a Presun to trafficker or trader. In view of the difficulty of proving have fairly extensive f,owers of entry upon land 258. policeman in the actual sale of dagga, it is suggested that possession search for dagga. At present, any may among of dagga in excess of eight ounces should be presumed terms of the Weeds Act enter upon land and do any prosecr the to be possession for the purpose of sale or suppiy. act thereon which he considers necessary for for the to the presence of Specifying a certain weight as a basis for determinilg prupose of obtainiug information as that th weeds and as to the area on which such weeds are whethLr or not an accused is a traffi.cker has its dis- advantages, but it nevertheless appears to be the best Comm' growing. It is further provided that the persou in cultiva such solution of a difficult problem-a solution moreoYer

- 33 tion 71. (b) by the insertion .ereto in writing of a new scction in that Act, on meet a similar situation in respect of arms and the following lines: ner of Customs - ammunition, the Arms and Ammrinition Act, No. 2g ceman, or any " If in any chargc under this Act it is o,f 1937, provides, in Section 32, f.or a presumption io llegated thereto alleged that a person possessed dagga for the the effect th.u! pglson in charge of, br accompany- rtion Officer or purpose of sale or supply, evidence that dagga ing, the vehicle"ny shall be deemed to be the possessbr 6f nay at any time in excess of eight ounces was found in his such arm or ammunition, until the contrary is proved. rable grounds of possession shallbe primafacie proof that such The Committee.s.uqgests more or less similir pfovision in respect I habit-forming dagga was being possessed for the purpose of of habit-forming drugs, by the insertion of a >m which such sale or supply." new section in the Medical, Dental and pharmacy Act on the following lines: L any premises, Permitting or Allowing the Cultivation of Daggo. 'fhe " Any person - it is suspected 256. attention of the Committee was drawn to a who is upon or in charge of or who :h drug or,plant accompanies any case which was submitted for review to the Orange _ vehicle, vessel or inimal upon ed or cultivated Free State Provincial Division of the Supreme Court which or in which there is any habit-forming drug mentioned Act, and if on (O.P.D., June, 1950). The accused, a iarmer, was or included in the Fifth Schedule io thii rnts or portion convicted of assisting two Natives in Act, or any plant or portion of a plant from which the cultivation of any appliances for dagga. Dagga amounting to over 12,000 lb. was such drug can be extracted, d-erived, produced, 1, tley shall be found growing on the accused's farm on land he had or manufactured shall, until the contrary-bb proved, books, acoounts allowed the Natives to use for ordinary agricultural be deemed for the purpose of this e6t to'be tnd possessor if it is provod purposes. The accused became aware that dagga was of such drug, plant or portion of a plant." r thereof, pipe, being grown by the Natives and ordered them to ed, kept, used, eradic-qte_and destroy it, but he took no steps to satisfy Removal of Native Dagga Tra,ffickers on of this Act, himself that his initructions were being iarried oui. front rown; Provided Two weeks after the accused given Urban Areos ,r had the final of the police instructions to the Natives to destroy the dagga, the 260. Strong representations were made to the Com. powers mittee,_ :$es police arrived on the farm and discovered the dagga. particularly in the larger centres. to the effect rke - .ecord in On review it was held that it had to be proved that the that when a Native, who is rdlident in an urban area, rrovided further accused had assisted in the cultivation of the dagga, is convicted of conv_ey1ng. or trading in dagga, ii nember of the and, further, that omission to take steps to prevent-ihe r^npU-d !" possible to delal witl nim in ierms ot Siciion ises the powers crime being committed or to hinder tlie commission of ?2 ol_thg (Urban Areas) ConsoltOatton eci, No. -\q!ivgs lke a record in an offence where no obligation existed to take steps, 25 of 1945, by removing him from the urban area l shall make a was not sufficient proof that the person concerned was concerned. Occupation of houses in urban locations is- ll without delay " assisting " in the commission bt ttre oftence. Thc much sought after by. Natives, and to be deprived conviction was quashed and the scntence set aside. of the privilege of residing th

Headmen; Agricultural and which had been established in the locality shortly rd discourag- Co-operation ol Chiefs and Forestry Officials, and Weeds Inspection Personnel. before, the area was isolated and completely out of rty Commis- sight of human habitation. The police had discovered 269. At many centres visited by the Committee. it a reward up eradicated the dagga plants during the ptevious was urged that greater use should be made of chiefs and s of f,3 must growing and those seen by the Committee werc and heiadmen, agricultural and forestry officers and deason for approval. either self-set or had been deliberately cultivated afresh' .er conviction weeds inspectors in the suppression of dagga. It was their duties brought them into Suspicion centred on some Native occupants stated to re is thus an contended that as but no direct evidence with people and conditions in rural areas, be iesiding a mile or two distant rade for the close contact cultivaiion could be obtained. was contended a more effective liaison should be maintained between of It r of the trial here was a case for the application of the rule of them and the police in observing and reporting the culti- that submits the communal responsibility. lommandant, vation of and traffic in dagga. the Deputy 276. The principle has been applied in Native areas, Chiefs and Hea.dmen. rer has grven for instance, in the case of the Spoor Law, where a lost tle applica- 270. The suggestion was made that chiefs and hcad- or stolen animal has been traced to a village or kraal grow- by the police men should be held responsible for dagga found and there is an obligation on the residents either to Oudtshoorn, ing in the locations under their t!9rge, whilst other pass on the spoor or io account for the animal; and in jurisdiction )ommissioner wi-tnesses thought that criminal to try dagga iuch matters as, damage to location boundary fences, , the Deputy ofiences committed by Natives in the Reserves should works and windmills and the protection of the travel- to the Com- be vested in chiefs and headmen' ling public. (See Proclamation No. 290 of 1928 which is approved, is applicable to the Transkeian Territories.) 271. While -twentyjurisdiction is, in many cases, exercised posted direct Native Administration Act' under Section ol the responsibility is an artificial legal rn for trans- respect of offences specified by the 277. Communal No. 38 of.1927, in Native ideas and has been lver, expedi Aft1irs, the penalty which may be innovation based on certain Minister of Native Native areas among developed , there must exceeding is applied only in _les-s . inflicted is limited to a frne not f5' It underlying object' rt, fre..rently act as a deterrent ruial communities. It has, as its felt that this penatty is insufficient to principle well under- by t rourt. trade and that as Native reparation for loss or damage, a in the highly-lucraiive dagga Any departure from or extension these delays does ndi accept the view that it is stood bv- Natives. ooinion ienerally this principle to

281. The Committee is, in principle, in agreement 289. The foregoing policy is urged in view of the with this attitude and would recommend that appro- alarming increase in the traffic in dagga and to avoid priate steps be taken by the Forestry and Native Affairs duplic-ation of expenditure in time and travel by police 294. A Departments-the latter in respect of the personnel officials. It is of special application to farmi wtrictr that dagp employed by the S.A. Native Trust ou forestry duties- are remotely situated aqd are difficult of access; which possibilit to ensure the utmost co-operation with the police in are occupied by elements likely to take advantage of sight of. the suppression of dagga cultivation and traffic. When the absence of control and in respect of which-con- visiting s circumstances necessitate the appearance of Govern- ditions favour the growth of dagga, or, for that matter, mended ment employees as witnesses important prosecutions in any noxious weeds. Evidence points to the existence exercise I for dagga offences, however, it is trusted that the of such properties, more especially in Natal, where proviso mentioned in the foregoing paragraph will be European-owned farms used as reservoirs for seasonal waived. farm labour are closely settled under circumstances 295. \\ which appear to call for frequent and thorough official some of I 282. The Committee's attention was drawn to the fact oversight. be made that dagga is grown extensively in forest glades and necessary clearings in Native areas, special mention being made it was all of Headmen's Forests in the Transkeian Territories. Police Squds to Concentrate on the Growth of and in a der It is suggested that the police, in collaboration with the Traffic in Dagga. consumpl pointed r appropriate Department, give attention to these locali- 290. It is significant that the majority dagga of Coloured ties with a view to their elimination as sources of ofiences are brought to light in an indirect'way, as i[e clandestine cultivation. result of the detection of other oftences. Tf,e police dagga-sm personnel are, in fact, concerned with all types of show thar liquor, an Il eeds I ns p ection P er sonrul. offences, and do not give particular attention to-dagga. dagga w< 283. Inspection duties under the Weeds Act, No. 42 In view of the increase in the dagga traffi.c the Com- mittee considers that it would be well if a limited imFortrail ol 1937, are performed by officials of the Department of dagga- of Agriculture except in the Native Reserves where, number of special police dagga squads could be established to operate mainly in those areas where the tion of al as already indicated, special provision is made by of dagga- Proclamations Nos.265 ot 1924 and 116 of.1929. dagga plant is known or suspected to be cultivated. The creation of such squads would not be a permanent tions the general pr institution; they would be discontinued as soon as they 284. lt is understood that some 89 agricultural exten- had achieved their aim suppressing would lea officers of this ever sion and 97 technical assistants undertake weed increasing traffic, or reduced it to leasonable propor- inspection duties in the course of their fleld work and tions. The squads would concentrate primarily on the that in capacity. 296. Tt a small number of them act a full-time location of the growth of dagga, with the object of The latter appear to be responsible for tracts of country sequence destroying its source, but they would also devote so large as make any but and casual inspec- fingerprinr to limited attention to the movement of and the traffic in dagga. tions practically impossible. 'more ser It is obvious that the proposed police squads cannot recommen take effective action against the growth of dagga unless counteracl 285. Members of the police force are also clothed they have power, similar to that vested in weeds penalties powers co-operate with of inspection and are asked to inspectors, to enter upon land to search for dagga mended tl personnel with the agricultural in the enforcement of plants. In Chapter VII (pars. 252-253) the Commi[tae fingerprint the provisions of the Act. submitted a recommendation to vest such power in the involved police under the Medical, Dental and Pharmacy Act. where the 286. A number of weeds officials gave evidence and there is gr from what they said it was apparent that little, if any, 291. The Committee understands from information was invol' dagga had come their notice. Notwithstanding its to submitted by the police authorities that the establish- widespread growth, one inspector had come across ment of special dagga squads need not necessarily very little dagga sixteen years and others 297. k " " in two involve additional expenditure. appears that there plant years It the crimin had not seen a dagga in fourteen and eight is quite a number of vacancies on the approved police of f,eld travelling, respectively. was contended that session of It establishment and that if these could be fllled, the time not permit inspections of the more inacces- and a larl did of personnel which would then be available, would be sible portions farms usually favoured cultivators a dagga pJ of by adequate to cope with the cultivation, the traffic and exhibited r of dagga and the officers admitted that their inspections the consumption of dagga. were conflned, as a rule, to localities in which ordinary tions. Th, crops were produced. assume a evil effectl Irnportalion ol Dagga from Neighbor.ting Territories. children a 287. Furthermore, it appeared that on discovering 292. The main difficulties in dealing with this matter dagga, practice issue usual to example, l the was to the order are the length of the Union's borders and the nature of eradicate and, if necessary, thereafter to take proceed- reference I the areas in these territories in which dagga is found {ual physi ings under the Weeds Act. There is no certainty under growing. These difficulties are, however, domestic; and procedure disposed r this that dagga which may be eradicated is as regards the former, can be substantially overcome if hot subsequently collected and sold. advanced t additional police personnel can be posted to police been made stations on the Union's borders. It is, however, feit, for propagandr' 288. It is realised that the detection of dagga oftences reasons given earlier, that the utmost police vigilance police, curiosity a is mainly a matter for the but so long as the along the roads leading from the Protectorates to the this yiew provisions of the Weeds Act apply to dagga and with Union will not, by itself, completely suppress the the interna due regard to the difficulties under which inspection importation of dagga, for the reason that much of the scribed to i duties are carried out, the Committee considers that traffic takes place off the beaten track, on foot, on where routine visits to farms in dagga-growing areas are bicycle or on pack-donkey. Co' undertaken by agricultural officials, special attention 298. Re1 should be given to the possibilities of dagga cultivation who gave in the remoter or less easily accessible portions of such Use of Police Dogs. their willir properties. It is suggested, therefore, that the Depart- 293. The Committee discussed with the police the eradicating ment of Agriculture instruct its fleld officers to act in possibility of using police dogs as an aid in the detection which thesr close liaison with the police in this matter. The of dagga, for example, in trains, where traffickers in of their an responsibility for determining the procedure to be fol- various ways endeavour to camouflage the smell of cise on thr lowed in the prosecution of offenders will lie with the dagga. It is recommended that the police authorities on those r police. give consideration to the proposal. as strong a bat the evil ii I ii : {1 l'{ ' 1i 34 ri 'iil (D) to cancel the licence for plying a taxi or other delay in paying the reward is irritating and discourag- Co-opert irii public service vehicle, where the driver, who i+g. Under the present system the Deputy Qqmmis- Forestt is the owner or part-owner of the vehicle, has sioner of Police can authorize payment of areward up 269. t l.ii been convicted of conveying dagga in that to f,3. Applications for amounts in excess of f,3 must was urg( vehicle; and to declare him disqualifled from be referred to the CommiSsioner of Police , 1i for approval. and hea securing aoother licence within a tertain period The reward, moreover, can only be paid after conviction weeds in not to exceed flve years; as a result of the inJormation given. There is thus an contende (c) to cancel any trading licence held by the con- initial delay before application can be made for the close cor victed person, where it is proved that he used payment of the reward. After completion of the trial a more I the licence as a cloak to conceal his illicit daggh the officer in charge of the police station submits the them anc transactions; and to declare him disqualited application for payment to the District Commandant, vation ol from securing another trading licence within a who in turn forwards the application to the Deputy certain period, oot to exceed flve years. Commissioner. For example, if the informer has givei Chiels infor_rnation concerning a iase in Knysna, the applica- 270.1 Dagga to Continue to be Weed Proclaimed under a tio!_for payment of a reward is submitted by the police men sho the lleeds Act, No. 42 of 1937. of Knysna to the District Commandant at Oudtshoorn, ing in tl 263. Dagga has been proclaimed a weed under the who in turn forwards it to the Deputy Commissioner witnesses Weeds Act, chiefly with an eye to its danger to indivi- ilr Cape Town. If the amount exceeds f,3, the Deputy offences dual health. Evidence by weeds inspectors and other Commissioner must submit the application to the Cbm- be vested witnesses shows that the inspectors very seldom come missioner in Pretoria. the application approved, If is 271. \t upon dagga during the course of their investigations authority for payment of the reward is posted direct under Se and inspections. The machinery of the Weeds Act is, to the District Commandant at Oudtshoorn for trans- No. 38 c therefore, in practice not very helpful in detecting the mission to_ the police at Knysna. However, expedi cultivation of dagga. Nevertheless the Committee is each offi.cer deals Minister liously with the matter, there must inflicted of opinion that as an additional precaution against its inevitably be a delay of at least a fortnight, frequently undisturbed growth, dagga should remain a proclaimed felt that !91rg.., after the case has been disposed of by the court. weed under the Weeds Act. Witnesses have told the Committee in the hi, that these delays opinion cause much dissatisfaction amongst informers 1 264. The Weeds Act is not applicable to the Trans- with the wrong to result that they are reluctant to come forward with keian Territories or other Native areas where the towards information again. There have been imtances, a ii subject of noxious weeds, including dagga, is dealt not be persui few, where policemen, not wishing to olse the services l,i' with by Proclamations Nos. 265 ot 1924 and 116 of responsib proclamations of an informer, have paid the impatient informer out ii 1929. In these responsibility is assigned to Native headmen for the eradication of noxious of their own pocket. 272. rr ix subject which be dealt with in the next found gr< ll weeds-a will chapter. The Committee understands that a new con- tioned thr solidating measrue to ameud the Weeds Act is being 267. The Committee finds that the rewards at present 116 of 1 prepared and that its provisions will also apply to paid to informers are too small and that the svitem is held resp the Transkeian and other Native territories. The ques- cumbersome and gives rise to irritating delays. The including tion of embodying in the new draft Bill provisions s-uggestion that an informer be paid a percentage of the are veste( contained in the existing proclamations relating to the Natives r, _fine imposed is not favoured by the CommitteJ, nor by responsibility of Native chiefs and headmen will no the police, for the reason that the amount of a reward weeds frc doubt receive due consideration. where the flne is a heavy one, may be out of propor- such labo tioo to the value of the information supplied. ttre wilfully n Committee. wishes to point out that an inclease, even pated cor a substantial increase in the amount of the rewards, rs a maxil will ultimately produce a good return if one views the out hard CHAPTER VIII. matter strictly from the point of view of the national 273. kr interest. out that Notice Nr PRESENT MEASURES, LEGAL AND OTHER, and privil FOR DEALING WITH THE DAGGA EVIL; 268. In the light of the information and the views assist, am given AND DESIRABLE CHANGES IN THE in the last two paragraphs the Committee recom- tion, deter EXISTING MEASURES_{ONTINUED. mends as follows: - and in tht Suggested Administrative Measures for Dealing With (a) that rewards be paid only for inforrnation in res- assist renr the Dagga Problem. pect of the cultivation of and the traffic in dagga; in additior mations d 265. lt addition to changes in the law which have (D) that the minimum reward be f,5 and that no suspensior been discussed in Chapter VII, there are certain admini- maximum be fixed; strative measures not necessarily dependent on legal 274. In provisions which would tend to assist the authorilies (c) that the Divisional Crirqinal Investigation Officer in view ol (D.C.I.O.) police in their efforts to combat the evil of the traffic in dagga. or the District Commandant of sibility of It is proposed to give a brief review of these administra- be authorized to pay the minimum reward of €5; cultivation, tive procedures as they at present exist and to indicate and if he considers that a reward in excess of and that, desirable changes. Some of the proposed administra- f5 is_justified, that he should have aurhority to responsiblr tive changes may involve a change in the law. pay forthwith the initial amount of f5, whilst in the law submitting the application for the balance to The Remuneration of Intormers. higher authority for approval; Commu 266. The police state that, in consequence of the 27s. Th (d) that Deputy Commissioners Police be secret manoer in which the dagga traffic is conducted, of for the ext authorized to approve of rewards excess regard- in of bility to c they experience difficulty in securing information €5 but not beyond €10; and only identity and the activities of traffickers. is that applica- land in N ing the It tions for rewards in excess of flO be'submitted possible such information may be forthcoping if the North that to the Commissioner of Police for approval; potential informers are aware that they will be well portion of rewarded. The Committee is of opinion that the (e) that where special circumstances warrant it, where dag greatest possible use should be made of informers. the Divisional Criminal Investigation Officer had been Informers are being used at present, but the system (D.C.LO) or the District Commandant be was locate has two serious drawbacks: the awards paid are too authorized to make an immediate paymetrt to of access a small to attract them, and the frequently considerable an informer before the conclusion of-the trial- rough cattl 37 in view of the ,ga and to avoid Export ol Dagga from the Union. Scientific Research. travel by police 294. As stated previously, there is no direct evidence 299. In a previous paagrraph reference was made to farms which that dagga is exported from the Union overseas, but the to the divergence of views amongst, high technical of access; which possibility that this may be the case should not be lost authorities on the effects of dagga. Dagga, indeed, ke advantage of sight of. It is probable that dagga is supplied to is a subject which might well receive further scientiflc t of which con- visiting seamen for their personal use. It is recom- attention in the Union. It is recommended that for that matter, mended that Customs officials and Railway police scientific research into the problem of dagga addiction to the existence exercise particular vigilance in this respect. be encouraged, and that particular attention be given in Natal, where Liquor rc a Substitute Dagga. to dagga as an aphrodisiac and its relation to sex rirs for seasonal for oftences. )r circumstances 295. Witnesses, both European and non-European, thorough official some of high standing, strongly urged that drink sliould be made more readily available to non-Europeans, if necessary under suitable safeguards, as that would, so it was alleged, serve as a substitute for dagga and result Mesures to Combat the Corweyance of Dagga Growth of and in a decrease, if not entire disappearance, of its by Train. consumption. In reply to these views, it should be previously, pointed 300. As stated evidence was tendered of of dagga out that in the Cape Province, where the extensive use of the train for the transport of dagga, iority Coloured people are rect way, as the legally entitled to obtain liquor, and mention was made of consignments being seflt not dagga-smoking prevails. )es. The police still There is no evidence to only from loading.stations in and near dagga growing that dagga is indulged in to satisfy a craving th all types of !.how for areas but also from large distributing points, such as liquor, and that liquor were provided, ention to dagga. if the craving for Johannesburg, Kimberley and De One witness, dagga would disappear. Aar. lraffic the Com- A further consideration of who admitted that he himself had formerly engaged iu importance is that experience has shown that the effects ell if a limited dagga trafficking, stated that he had regularly sent con- of dagga-smoking when accompanied by the consump- uads- ould be signments by rail from Piet Retief and Johannesburg tion of alcohol are considerably worse than the effecls area- ,here the to the Cape. The dagga was usually packed in suitcases of dagga-smoking alone. In view these considera- r be cultivated. of and conveyed in the luggage vans. The Committee tions the Committee is not persuaded that the more be a permanent was also informed that the special trains which convey gene,r{ Bupply of alcoholic liquor to non-Europeans as soon as they Natives to the Witwatersrand for employment on the would lead to a decrease in the consumption of dagga. rsing this ever mines figured prominently as means of dagga transport. sonable propor- Fingerprints ol Dagga Offenders. The Committee is of opinion, judging from the evidence lrimarily on the 296. The Committee understands that, in con- received, that only a small proportion of the dagga r the object of sequence of new instructions issued to the police, the sent by rail is discovered, and considers that, in line ld also devote fingerprints of dagga offenders are only ta[en in the with the recommendations in this report to curb the traffic in dagga. more serious cases. In view of the Committee's dagga traffic by road, the Railway authorities should squads cannot recommendation that special-in measures be taken to likewise consider the introduction of suitable measures. of dagga unless counteract the traffic dagga, including severe The Committee has in mind, for instance, special :sted in weeds penalties for traffickers and crlfiivators, it ii recom- vigilance on the part of the Railway police at loading uch for dagga mended that police stations be instructed to take the stations in and near the recoguised dagga growing areas the Committee fingerprints of all offenders where the quantity of dagga and at the large distributing centres, and regular inspec- power :h in the involved exceeds eight ounces, as *ell as of cases tions of trains leaving Native areas. Greater use of rarmacy Act. where the quantity is less than that amount but where the informer system would also prove eftective. It is there is ground for suspecting that the person arrested understood that the Railway Administration has provi- rm information was involved in traffic or cultivation. sion for the payment of rewards to persons whose infot- t the establish- Propagatda. mation results in convictions for oftences committed on not necessarily railway property. Elsewhere in this chapter, the Com- 297. paragraph 128 was suggested, view ears that ln it in of mittee recommends a more generous basis for the pay- there the criminal sanctions which cultivation pos- rpproved police the and ment of rewards to informers. It considers that if the session of dagga carried and the fact that many farmers be;flled, the Railway authorities introduced a similar basis, it would and a large section of the public would not recognise rble' ruld be greatly assist in the discovery of dagga on raliway a dagga plant, that illustrations the weed should be the .^affic and of property. exhibited at agricultural shows and other suitable func- tions. The question arises whether propaganda should assume a wider scope, more especially to stress the ing Territories. evil efiects of dagga, and more particularly amongst children and young persons. It was suggested, for rith this matter Powers ol Search Granted to Licensed Municipal example, that hygiene lessons at school might include Officers. d the nature of reference to the deleterious effects of dagga on indivi- (Urban lagga is found physical and mental health. The Committee is 301. In terms of the Native Areas) Consoli- domestic; {ual (Act , and disposed to agree with the views on this subject dation Act No. 25 of. 1945). municipal officers lly overcome if advanced by Dr. Wolff, to whom extensive reference has licensed by the Minister of Native Affairs are appointed police sted to been made earlier in this report and who wams to manage Native locations, villages and hostels in ,wever, against granted felt, for propaganda or any other action which might create urban areas, and such officers may be the rolice power vigilance curiosity and interest in the drug. Dr. Wolff adds to enter and search premises under their super- ctorates that to the this view "is the result of long experience, and that vision on which it is reasonably suspected that kaffir suppress the the international agency (on narcotic drugs) also sub- beer is being made, kept, supplied or sold. In the tt much of the course representations made Committee by scribed to it some years ago " (page 44),. of to the ., on foot, on municipal officials, it was pointed out that local authori- Co-operation ol Fmmers' Organisotions, ties were hampered in their eftorts to assist the police 298. Representatives of several farmers' organisations to stamp out tlre sale and consumption of dagga in who gave evidence before the Committee, expressed their areas, because the powers of search granted to their willinguess to co-operate with the authorities in licensed officers were limited to kaffir beer. It was, the police the eradicating the dagga plant. The intimate knowledge therefore, proposed that such powers of search should n the detection which these organisations, through their members, have be extended to include dagga. In view of the extensive : traffickers in of their areas and the moral influence which they exer- sale and use of dagga in Native urban areas, the Com- the smell of cise on their members, and it may be assumed, even mittee considers that every possible and\ suitable ice authorities on those who are not members, should be regarded countermeasure should be employed, and it accordingly as strong aids to the authorities in their efforts to com- recommends that the Department of Native Affairs give bat the evil. favourable consideration to these representations. rll t, rl t t1 i; 38 1) ,i 308. TI Possibility ol Total Suppression. the United Nations, in terms of existing treaties, is ,i behalf of empowered to exercise : 302. It is not considered possible to achieve the total N, lli - " international t9t4. suppression of the abuse of dagga in all its aspects. " In its simplest form," it says, (dagga) w l'i control of narcotic drugs consists in this: international iri The various methods which the Committee has recom- in the Pro mended for dealing with this social menace, both legal conventions require Governments to legislate and and administrative, will undoubtedly reduce the extent administer in such a way that the drugs can be used " Thi of the evil, but are unlikely to eliminate it entirely. A for medical and scientific purposes only: that no the qur well-organized campaign, over a relatively long period unlicensed person, from the grower or manufacturer and sc on the part of the South African Police, in co-opera- down to the ultimate user, may possess the drugs; regulati tion with the police of the neighbouring territories, and that records of all transactions shall be kept, felt, by should result in a substantial reduction in the amount summarized and sent to an international organisation. a$eemt of dagga cultivated and treated. Whereas it is most This body is thus enabled to determine whether a important that the police activities should, in the first Government has fulfilled its obligations. Enforce- bodies depends on Anrrbrr instance, be directed towards the growers and traffickers, ment by the international control pressure continued attention will also need to be given to the certain permissible embargoes and on the internatiortal consumer in an effort to minimize the demand for the of public opinion. In essence, therefore, 309. Tl the performance of national drug. A further reason for not deflecting police atten- control is supervision of provisionl tion from the consumer is that he may be a potential administration." hereafter source of valuable information which may lead to the Though possibly reflecting policy, the last sentence will entrt detection of the suppliers and distributors. is not happily phrased. In so far as the Union is over the concernedl its-legislation and the adrninistrative practice tho traffit resulting from it, based as they are on the policy of 1921 the t Indirect Methods the Best Treatment. -" co-operation, are in tull and strict compliance with its Committe 303. Amongst the methods of dealing with the dagga international obligations. Dangerou evil one must necessarily also consider the treatment 305. The history of the development of measures the traffic iri of the This topic was provisionally discussed addict. international control of narcotic drugs has its in this fl, in paragraphs 195-198, the conclusion arrived at there for the origin the Shanghai Conference on the Control of Committe ,i being that were best to concentrate on suppressing in it Opium held in 1909. The subject of the control of Council t ',i at roots, is, by suppressing the growth ths evil its that narcotic drugs was thereafter consistently kept before the varic and the traffic of dagga, rather than by providing institu' the public's mind, and the years 1912,1925,1931, 1936, Conventi< ii tional or other treatment to large numbers of addicts. 1946 and 1948 represent the highlights of progressive the proc Cases of acute intoxication which have reached the narcotic r I achievement in this fleld. Some progress was made psychosis must be dealt with as a ] stage of naturally under the auspices of the League of Nations; and in extent o mental institutions, and in excep- it matter of urgency by recent years, the powers and functions of the League informati, ll tional and suitable cases addicts might be sent to work revealed, rl in regard to intornational control were formally trans- form treat- colonies or inebriate retreats. Another of ferred and assumed by, the United Nations, which m4nufactr that to, ment which might be mentioned here briefly, is at present in force scientific : par has established the system of control which may be regarded as the best treatment under the supervision of the Commission on Narcotic for a furt general uplift: excellence of all social evils, namely, the Drugs. It ii generally recognized that international advance r ment of communities, educationally, morally and co-operation in this fleld has, on the whole, been an socially. The evidence showed that those who were unqualified success. The reason which is advanced for connected with the dagga evil, whether as consumer or this, is that the international machinery of control has less educated the as traders, were generally the and been built up gradually and step by step, " each advance 310. Ir morally weak and tlose who lived under bad environ- having been undertaken when a general awareness of The one mental and housing conditions. General social uplift- a new problem has created the psychological conditions in the Fa ment would tend to reduce social evils by making which 1re a prerequisite to its satisfactory solution ". the other better citizens of the people. came int< Tna SlraNcnel CoNFERENcE on 1909. up to dal 306. On the initiative of the United States Govern- which is ment, an International Opium Commission met in Shanghai in 1909. This was the flrst step taken in the CHAPTER IX. No 3ll. Ir intemational campaign against narcotic drugs. Geneva ( this conference agreement or convention emanated from cocaine, governments, of thirteen which, amongst other resolu- outside tl THE UNION'S INTERNATIONAL OBLIGATIONS tions, " recommended that each delegation move its aim of tl NAR. own Government take measures for the gradual IN RESPECT OF THE CONTROL OF to trade an< practice opium smoking This, COTIC DRUGS. suppression of the of ". appreciatr one must admit, was a very mild request. This first attemptin 304. The Union is a signatory to international one international meeting aimed at the control of materials conventions for the control of narcotic drugs, and, gradually, the commodity only, namely opium; but in best cour indeed, its domestic legislation on the subject was course of years, controls were extended to other drugs. evolved, pori passu, with the assumption of obligations the contr - under these international instruments. It is proposed Tnn Hecur Opruu CoNvrNuoN or 1912. national to indicate briefly, as a final phase of this report, what 307. The same States which attended the 1909 through a those obligations are and the historic development of conference, except Austria-Hungary, met in the Hague export ar the international machinery which imposed those ir l9l2 and negotiated the first International Conven- creation obligations. Most of the historical data described here tion on narcotic drugs. Its aim was to bring about the (P.C.O.B. is obtained from a valuable publication by the Carnegie gradual suppression of the abuse of opium, morphine, statistical Endowment for International Peace, entitled: " Nar- cocaine and drugs prepared or derived from these parties to cotic Drug Control: Development of International substances, and more particularly, to control the types of Action and the Establishment of Supervision under the production and distribution of raw opium. But it estimates United Nations "-May, 1948. The study was prepared iailed to create the admiuistrative machinery for the imported in close consultation with the staft of the Division of implementation of these principles. It was left to each year. Ur Narcotic Drugs of the Department of Social Affairs of country to decide for itself what was the best method is given the United Nations. One may assume, therefore, that for'doing so. When the flrst great war broke out only explanatir its contents carry the approval of the United Nations. eleven countries had ratifled the Convention, although tion that For that reason particularly, it is proposed to quote seven others had notifled their willingness to do so. were accl from this publication a statement of what is implied The Peace Treaties brought the Hague Convention statistical by the international control of narcotic drugs, which automatically into force amongst the signatory powers calculate 39

was signed on factured drugs, and indicate what was legitimate ting treaties, is 308. The Hague Convention of 1912 to behalf of the Union Government on the llth March, trade and what illicit traffic. It is generally held that speciflc provision relating to Indian Hemp the provisions of the Convention have been reasonably " internatibnal 1914. No (dagga) was made in this Convention, but it is recorded successful in stabilizing the production and manu- ris: international in the Protocol : facture of narcotic drugs at a level compatible with o legislate and - world medical and scientiflc requirements. ugs can be used " This Conference considers it desirable to study only; that no the question of Indian Hemp from the statistical rr manufacturer and icientific point of view, with the object of 312. Having described, in general, the main purpose isess the drugs; regulating its abuses, should the necessity thereof be and achievement of the Geneva Convention of 1925, it shall be kept, felt, by internal legislation or by an international is proposed to indicate briefly the provisions which ral organisation. agreement." have particular reference to the subject of our inquiry- nine whether a namely, Indian Hemp. The Convention defines it as ;ions. Enforce- " the dried flowering and fruiting tops of the pistillate lies depends on Anrrcrn 23 rN rns CovBNnNr oF THE Lsecun on plant Connabis sativa L., from which the resin has not on the pressure Nlrroxs. been extracted, under whatever name they may be 're, international 309. This Article stated that " in accordance with the designated in commerce ". In terms of Chapter III, rnce of national provisions of international conventions, existing or Article 4 of the Convention, the provisions are made (extract hereafter to be created, the members of the I-eague . ' . to apply to " Galenical preparations and re last sentence will entrust the League with the general supervision tincture) of Indian Hemp ". The contracting parties s the Union is over the execution of agreements with regard to undertake to enact laws and regulations to limit strative practice the traffic in opium and other dangerous drugs.". In exclusively to medical and scientif,c purposes the manu- n the oolicv of 1921 the Council of the League appointed an "Advisory facture, import, sale, distribution, export and use of Lplianc6 witlr its " Committee on the Traffic in Opium and other the substances to which the chapter refers. These Dangerous Drugs " to exercise general supervision over substances include, as indicated, Galenical preparations of Indian Hemp. The contracting parties further under- of c .teasures the traffic and io ensure the co'operation of countries in this field. One of the functions of the Advisory take to co-operate with one another to prevent the use c drugs has its of these substances for any other purposes. Under the the Control of Committee was to present an annual report to the Council of the League on the arrangements made in Convention licences or permits were required by persons the control of manufacturing, importing, selling, distributing or ex- rtly kept before the various countries for carrying out the Hague Convention, and more especially on matters concerning porting such substances. In the Union these licences 925,1931,1936, are granted by the Secretary for Health. In respect of i of progressive the production, distribution and consumption of narcolic drugs. In this way was brought to light the Cannabis sativa (dagga), only one licence has been ress was made' issued for cultivation for export purposes. This licence Nations; and in extent of ihe abuse of dangerous drugs. The information collected by the Advisory Committee was renewed for a period of about 10 years, but lapsed of the League in 1945. formally trans- revealed, further, that the world was producing and Nations, which manufacturing drugs far in excess of medical and present in force scientific requirements. The way was therefore, open{ for a furthei advance in international control, and this 313. Chapter IV of the Convention deals specifically .on on Narcotic l reads as advance was made by the Geneva Convention of 1925. with Indian Hemp, Article l of which at intemational follows: whole, been an - is advanced " (l) In addition to the provisions of Chapter V of for Tne GsNrve CoNvrNrtoN or 1925. ' of control has the present Convention, which shall apply to " each advance 310. In 1925 two conferences were held in Geneva. Indian Hemp and the resin prepared from it, il awareness of The one resulted in the Geneva Agreement on Opium the contracting parties undertake- which the Union was not interested; ,gical conditions in the Far East, in (a) prohibit export resin Geneva Convention of 1925, which to the of the :tory solution ". the other, in the obtained from Indiau Hemp and the force on 28th September, 1928, and which, came into ordinary preparations which the i 1909. has been ratifled by 58 countries, amongst of up to date, resin forms base (such as, Hashish, States Govern- South Africa. the which is the Union of Djamba) countries nissl^ met in Esrar, Chiras, to prohibited use, and, eD Jn which have their 1- in the In addition to raw opium and its derivatives, the permitted, to drugs. No 311. in cases where export is tic Geneva Convention of 1925 covered coca leaves, crude production special this conference require the of a cocaine, ecgonine and Indian Hemp, which-were all certiflcate issued by the Govern- st other resolu- import outside the icope of the Hague Convention. The main country stating move its ment of the importing ;ation the Convention is to control the international or the gradual aim of that the importation is approved for trade and- commerce in narcotic drugs. Its framers the purposes specified in the certificate, moking ". This. the difficulty that would be experienced in This first aooreciated and that the resin or preparations will rest. aitempting limit directly the production of raw control one to not be re-exported,; of materials the manufacture of drugs. As a second radually, in the 1nd (D) before issuin-g export authorisation best course it was, therefore, decided to concentrate on -an. to other drugs. in respect'of Indian Hemp, to require the control of the trade. The control of the inter- production of a special import certifi- one hand, oF 1912. national trade was to be exercised, on the cate issued by the Government of the rded the 1909 throush a svstem of compulsory-the import certificates and importing country and stating that the bY the :t in the Hague expoi authbrizations, arid on bther hand, importation is approved and is required Board rtional Conven- crdation of the Permanent Central Opium exclusively for medical or scientiflc bring about the (P.C.O.B.) whose main function was to supervise the purposes; ,ium, morphine, itatistical system introduced by the Convention. The 'ed from these parties to tlie Convention are required to render various (2) The contracting parties shall exercise an :o control the ivpes of statistics to the Board, amongst others, eftective control of such a nature as to prevent rpium. But it es'timates of the quantities of narcotic substances to be the illicit international traffic in Indian Hemp chinery for the imported for internal consumption during the following and especially in the resin." ,vas left to each yeir. Under Article 24 of the Convention the Board he best method is given power to require a country give an .to- (1912) broke out only explanation if it appeared from the statistical informa- 314. The provisions of the Hdgue Convention ;ntion, although tioir that excessive quantities of narcotic substances and of the Geneva Convention (1925) were embodied in Medical, Dental and Pharrilacy'Act of the Unibn ness to do so. were accumulating in'that countrv. The object of the the (Act practical pu{poses, ;ue Convention statistical system operated by the P.C.O.B. was to No. 13 of 1928) which, for all natory powers calculate the legitimate needs of the world for manu- came into operation on lst January, 1929. 40

Tnr Lnrarrerroll CoNvsNrroN or 1931. Pnorocor, or llrn Dncrunrn, 1946. 315. PnoposBp _ The object of this Convention, to which the 318. It was necessary, however, prelimenary Union likewise as a to, is a signatory, is to limit the world and as a basis for the functioning of production drugs by requiring the bommission on 321. The .of . -quantitieseach contracting Narcotic_Drugs, a legal means for transferring party to submit estimates of the of drugi _to.devise that internati to the United Nations the $owers and functions of i of narcotics required during the coming year. The estimates shouid technical and non-political character which were other measur be based- solely on the mlilical and scientific requiie- exercised by the League of Nations, amonsst which to supersede ments of the country them. They are were the_,powers -furnishing and functions relating td narcotic rnstruments ( examined and endorsed by a SupErvisory Body iet up This was prot5col under $ug.. done by the of llth accordingly n the Convention, which hai the power td recom- December, 1946, which " amended mend reduction the Agreements, a single consr a if it considers tdat the national Conventions and Protocols on Narcotic estimates furnished are excessive. Diuss con- Economic an The difference cluded_at the Hague on 23rd January, l9l2; at-Geneva between the estimares sysrem under the mendation in l93l and tgjj l_th_ February, 1925 and lgth F6bruary, |SZS, anO Conventions is ttat under the former, estimates 91.1 and requested are l3th July, l93l; at Bangkok on27th Nov6mber, i93l; the required for the total quantities necessary for internal Sngle Cor and at Geneva on 26th June, 1936',. The effecf of the bodied in Un consumptlon, whereas the estimates under the 1925 Protocol of llth December, 1946, was that the United dated 27th F( Convention_relate only to imports for medical, scien- Nations the legal tlhc and other purposes. lecame successor to the League of the Commen; A further difference is that Nations in respect of the international contiol of the former case the estimates are binding, in the latter, E/CN. 7/AC narcotic drugs. After the Protocol had received the on Narcotic not. necessary I number of accessions, the ECOSOC in Convention a February, 1948, appointed the mombers of the The aims of Permanent Central Opium Board. The three United due course b Nations. organs at-present responsible for exercising signatory of t international Tur CoNvnNTIoN oF 1936 r.on rHE SuppRESSIoN oF control are, therefore: (c) the Commissioi comments, ar, on Narcotic which Irrreir Tnlrntc rN Dencnnous Dnucs. is both an advisory organ General in h to the ECOSOC-Drugs and the policy-making 316. The Convention 1925 merely body on-all follows: of stated that questions relating to the iontiol n-arcotic - oreaches of the national laws, which promulgated of druss. wer6 (This body consists of 15 members of the Uniifd " (a) To int to- enforce the provisions of the Conventions in respect Nations which are important producing conv( of narcotic drugs, should or manu- be adequately punished. The facturing countries, or cbuntries as el Convention 1936 more preciie in whiciillicit traffic of is anit lctuallv defines constitutes a serious social problem. ment the offences and give The members are the acts whilh rise to the bffences. appointed for three years t93t stipulates, and are eligible for re-appoint- It further, that theie offences should be qent)i (D) the Permanent Agre, regarded as " extradition Central O=pium Board'whose crimes ". Article 2 of the duty it is "to watch the course of-international 1948 1936 Convention reads as follows: trade - in narcotic drugs "; and (c) the Supervisory Bodv. which (b) To sri " Each of the High Contracting parties asrees to was originally set up under the Limitati

" 344. Dagga-smoking is an old racial practice of the CoNrtsclrloN oF VEHTcLES. bags Basutos Swazis making and but it is largely confined to the 351. Motor vehicles are extensively used in the dagga ilable in the older men. The practice has, however, also appeared traffic. Provision exists for the conflscation among young of siih rom narcotic boys in the urban areas, The climatic vehicles but in practice confiscation seldom takes place, for and topographical conditions sections of tification in large largely because of two factors: firstly, it can rarely be its Basutoland and growth r view of Swaziland are suitable for the proved that the trafficker has used his own car or one of dagga. As a result of vigilance on the part of the in which he has flnancial interest, and, secondly, the authorities its cultivation is becoming more and more law safeguards the rights of owners-who are not aware confined, as in the Union, to the remote, inaccessible that their vehicles were being used transporting parts (Chapter for irrpcrs or' secluded VI). dagga. There is doubtless, in many cases, collusion between the owner of the car and the trafficker but it langerous of : 345. On the evidence the Committee must conclude is invariably impossible to prove this. While much leration, as it fairlp substantial supplies of dagga are smuggled pay be said in favour of automatic confiscation regard- Natives and : the Union from Basutoland and Swaziland, but less of ownership, cases of injustice might neverthtless rgh water, its' is no proof that the dagga position in these two occur if it were permitted. The third party's rights bly no more ritories is worse than in corresponding Native areas should accordingly continue to be safeguarded as at er-indulgence, the Union, nor has it been substantiated that these present. If, however, the convicted person is the owner rral deteriora-' :itories constitute the main source of supply to the of or has certain rights to the vehicle which is found The Committee is satisfied moreover that !a addict is a;,:lfiigga conveying dagga, then the vehicle or his rights thereto incapable of intended for sale in the Union is being sent sould be automatically confiscated. In ord-er to guar.r rates morally Sl tfirough Swaziland from Portuguese East Africa and against collusion between traffickers it is suggested that tion a.re even +irl{orthem Zululand (Chapter VI). a.presumption be created whereby the person charged rvsical effects. -r.:t i.. with conveying dagga in a vehicle'bhould be deemedto ihat the drug J46. The laws which regulate dagga in the three be the owner of the vehicle until the contrary is proved. mer--' func- .*. Prefectorates are very similar to the Union law, the Aircraft and watercraft used by traffickers itror.itd also ' - ilefeu,. Over' ; mest significant difference being that in the Protectorates be liable to conf,scation. The proposed amerdment to : encountered . the .maximum period of imprisonment that may be the law to give effect to this rtcommendation is con- re rural areas " impo.ged is two years compared with six months tained in paragraph 247. ,provided for in the Union law, and that in two of the ,. Protcctofates at least, Chiefs' Courts have jurisdiction *.. (pars. to tB dagga offences 209-213). PnrsulvrprioN AS To PossESSIoN oF Decol FouNp .S OF DAGGA. rN e vrrucrr f views among ' PrNlr-rrss. 352. When dagga is found in a vehicle in which more ; of dagga, the The penalties provided for in the Union law th-an one person is present, it is often difficult to prove :search in this fine not exceeding fl00 or imprisonment not who the possessor of the dagga is. To overcome this I includE the difficulty it is recommended that_provision be made for 'ences, ig six months, or both such flne and imprison- as this 'lnent. These penalties are considered inadequate for presuming possession on lines similar to the provision with its multi- for presuming possession ;--,r,$e grower and the trafficker who constitutes the source of arms and ammunition, ^ - fof the evil. The courts are at present inclined to deal under the Arms and Ammunition Act, 1937. The proposed provision . 'ioo;l€niently with these oftenfuers and they seldom is set out in paragraph ?59. irnpose imprisonment without the option of a flne. # ;. Wh(;n imprisonment is imposed the period is generally display acute wel[ below the maximum allowed by law. A flne is no DrpnrvluoN on LlcrNcrs. ects for treat- detehent to the trafficker whose pioflts are large and 353. If provision were made for the suspension of the rracticable, on ivhQ invariably also pays the fines imposed on his driver's licence of a person found conveying dagga in ;on, to provide agents (pars. 229-232). a motor vehicle, it would serve as a deterren:t. S'iinllar nesses desired, -t'- .' provision should apply to other types of licences, such k"colonies and 3il8. It is the present practice of the courts to deal as .licences. for hawking, trading or plying mbenvho are lightly with the dagga-smoker and the Committee agrees public -required juvenile * vehicles. It has been found that such licences . 1 ?Wit+f this view. The law should, however, make a are sometimes used as a cloak guise not ""distinction or for trafficking I atteition, between ttre penaliiei' ippti"uti" to the in dagga. The Committee's recommendation the is set out lgdi but on grower and trafficker, on the one hand, and those in paragraph 262. delinquency of applicafie to the smoker, on the other hand. The ;vmDtom. The ' .: existing penalties are regarded as adequate for the ruld, thixefore, latter, but they should be substantially increased for the CoNveylNcr idcl to addiction . .. grower and the trafficker. Provision should be made or D.lccl sy TnarN. "" for iinprisonment without the option of a fine, and in 354..Dagga is often transported by train, usually , addition, for a fine, or, in default of payment, a further packed in suitcases, but only a smail proportion ii for the practical ' period of imprisonment. The object of this additional discovered, Iargely as a result of information riceived or deprive because the odour peculiar to drying i paragraph, lFe ,; .",penalty is to tlre trafficker of some of his ill- dagga-strong-smelling has aroused Iles ' 'gotten gains. minority suspicion. counteract odour, ve treafinent , " A on the Committee held the _ To this .s to remove the :i ' view that the law should make provision for allowing agents, suclr as naphthalene or pineapple skinJare usedl cultivation and 't the trafficker the option of a fine for the first oftencE The special counter measures which it is proposed the t measure is to 'ili tbars. 233-234). Railway Administration should adopt are'contained in iliftment of the {i paragraph 300. 'ing and housing ," Srucror JunrsucuoN ron MlcrsrnArEs CouRrs. nred to combat f i, but all social '!: Zcg. The increased penalties proposed for the grower ": Exponr oF DAGcA Ovnnssls. and trafficker will be well beyond ihg 9r$inary lririsaic- -,-lttqn of magistrates. It is recommerided that malistrates 355. There is no direct evidence that dagga is ffi given ipecial jurisdiction in a manner si;ilar to exported overseas. Small craft plying within thE-dock : accorded (par.236). ERRITORIES. 1 them under the Stock Theft Act area are, however, stated to have every opportunity of taking dagga to vessels in port. fhe Statei .nd Protectoratti #1" UnGd of America particularly was mentioned as the destination, md this territory' Pnoposro PnovlsroNs. ,* and it-is fairly certain that visiting.seamen are supplied source of t as a t'I 350. The proposed legislation to give effect to the with dagga for their own use. If is recommendet'that r, as a rule, do l* ."*-..na"t1""! ."r,t"h?J i,iit . t..8loinf pa.agrapt . Customs officials and the harbour police exercisc Q47.349) is set out in paragraphs 238-240, 254-255. particular vigriance 122, 123 afi-294). 'in U)ars. !b 44

the inslftciency of the which m Porrcr Pownns ar.ID Durms' however, greatly hampered by dismissal: rewards'a-nO ttre freqirently ionsiderable delay before Powers ol Entry and Seqrch. due the present considers Davment is made. The delay is to responsib the procedure involves obtaining the 356, Powers of entry and search are accorded trmbersome whicli eradicatic police under three diffeient Acts, namely, the Criminal aooroval of fhe Deputi Commissioner of Police for irrocedure and Evidence Act, 1917; the Medical, Dental rewards up to f3 and of-the Commissioner of Police for Applicatit and Pharmacy Act, 1928; and the Weeds Act, 1937; rewards in excess of f3. The Committee recommends but as the ext-ent of the powers under these Acts differ, that the rewards be increased and the procedure for payment simplifled (pars. 266'268). 373. Cr the one from the other. ionfusion and uncertainty have applying resulted. Lreuon ,c,s A, SussrrrurE FoR Deccl. where da 357. Under the Criminal Procedure and Evidence 366. It was represented to the Committee !V in the l Act the powers of search are restricted to European witnesses of high itanding that if liquor were- made artificial policemen of or above the rank of sergeant, whereas more readily avlilable to non-Europeans-, itwould serve has only under the Medical, Dental and Pharmacy Act, the as a substiiute for dagga and reduce the incidence of Native cc Dowers are conferred upon all European policemen the smoking habit. The Committee does not support tion for l< iegardless of rank, but wilh the proviso that a policeman -Coloured people jn the Cape Province are Natives. this view. . beiow the rank of sergeant may-only exercise the power teeally entitled to obtain-liquor, but they nevertheless principlg objects the -dagga. therefore, of search if delay would defeat the of ,.,irain heavy smokers of -by Moreover, -when . 'dagga section empowering search and provided further that dagga-smoking is accompanied the cons,umption of (pa he reports- immediately after the search to the liq;"or. the efficts are considerabiy worse than dagga- masistiate or chief police officer of the district. It has alone (par. 295). smoking 374. bee"n found that th6re is reluctance on the part of the W lower ranks to exercise this emergency power' The Powens or Srencn GuNrep to Lrcensnp MuNrcrper- officials a Committee considers that it should suffice if the lower OrnrcEns. rural arei ranks were required to keep a written record only of provision under the Natives (Urban detection 367. There is feels that the search instead of having to report the matter as at Areas) Consolidation Act, 1945, for granting powers to present stip.ulated. The obiect of the written r-ecord is officeri to search for kaffir beer in duties. :l ii.i-n#O--"ricipal foster anc io guard igainst the abuse of the powers of search Native urban locations, villages and hostels. As dagga (pars.223-226). Native urban areas' the the publi ir sota arrO used extensivelyln defeated recommends thlt these powers of search be 358. As non-Europeans are primarily concerned with Co.mitt"e (par.279). extended to include dagga (par. 301). the use of and the traffic in dagga, it is considered that 375. Fo Dowers of entry and search should also be granted to URBAN Rntrrover oF NATIvE Deccl Tnlnrrcxens FRoM speciflc sti hon-European policemen. For the present, the a-ssign- AnEls. powers should be restricted to selected and polic ment of ihese are highly oolicemen. The Dvisional Criminal Investigation 368. Residential rights in urban areas appropriar District Commandant should be Uu Natives. If it were provided that dagga' police in bfficer or the "rL"O fr-om the to delegate such powers to suitable non' i*m"tir'e iarried the penalty of removal traffic in r authorised deterrent effect on European policemen (par. 250). urban aiea, it would 6xercise a *"-rta-t. ituffict"rs. The Committee recornmends that T 359. Dagga has been proclaimed a weed under the such provision be made (Par. 260). 376. Alt Weeds AitI and in terms of that Act any policeman under the mav entei uoon land to obtain information as to the Mresunns Rsr,lrrNc ro rrIE CuI-rIverloN oE Deccl' inspectors provides for a penalty pt.i"oce of weeds. The Act also 369. A decision given on review by the-^Supreme therefore, (pars. 224 and 252). tor obstruction C.*t' tO.n.S. iiovliciat Division-Juni:, tSSo) reveals helpful in relating to the 'dagga. 1 360. The Committee'recommends that the powers of ;l;;;i,;i. in the section of the law be embodied in i[.n"f iriiiGion of dagga (par. 256). Difficultv has as an adc entrv and search in respect of dagga ji proclaimec Dental and Pharmacy ;i;-b.* .;iountered pioving that dagga found one Act, namely, the Medical, (par' 258)' The proviiions proposed are set out in paragraph erowing among crops had been cultivated 377. Th, Act. remedying these tt. C6*.itteis recbmmendations for assistance 253. paragraphs 257 iJti"t. it in. tuw are contained in contained Establishment of Mobile Police Squds. and 258. 361. The Committee recommends the establishment 37q. rt HnlpnsN A'ND mobile police squads to concentrate-Pr$y on the Co-opnnnttoN oF CHIEFS eNp measure u of FonnsrRY OFFICIALSI provisions dagga growing areai and the routes leading- from those Acntcurruxlr, lNp -This Committee arJa-s. would be an effective way of combating Chiels ond Headmen' the dagga evil at its source (pars. 290'291). this consol 370. The question was considered of the advisability torial pror Additionat Police Personnel on Union's Borders. of fioiait e ciriefs and headmen responsible for dagga Native chi, granting them 362. The difficulties experienced in preventing the t.r.J-ni3*ire in their areas, and- of (pars. 264, importation of dagga from neighbouring territories criminai iurisdiction to try dagga offences commltted could be substantialiy overcome' if additional poltce by Nativds in the Reserves (par' 270)' Co-op personnel posted to police stations on or near the 379. Fan were 371. ln many cases jurisdiction is exercised by chie!-s intimate kr borders of the Uniorr (Pat.292). uni' n.ua**'under ihe Native Administration Act' offences, but as they are at Use of Police Dogs. isiZ.',iriiii,"fi__ in-.itp.ct of certain specified position fine that may Le imposed js f5' rvhich to 363. It is suggested that the police autholities explore- tfi. ties in thei -o.-f deterrlnt effect on the lrafficker' police dogs for the- d-qtection of irouiA-ii not have any the possibility using that rio useful purpose would be served Committee dagla especiilly on trains (pars. 117 and 293). it thousht organisatiot l ty';-i;;aT;; jurisdiction to the irial of dagga offences Fingerprints of Dagga Offenders. (pat 271). IcNonlNce dagga offenders are only 364. The fingerprints of 372. lJndet Proclamations Nos. 265 of'1'924 and 115 taken in the more- serious casei. It is recommended headmen in the Reserves are held and is i^"nded,-toi Exhib, that fineerprints be taken of all persons arrested "t't'giS, ttd extirpation of noxious weeds' ;;r;;;;ibl; 380. is suspectJd of trafficking in dagga @at.296\. ir"Lroire dagga, in their ireas.. Neglect of dulY or It or farmers anr Remuneration ol lnformers. i;iil;-?" iiiisi carries a maximum- fine of €5 unable : imorisonment not exceeding one month' In addition' to In view of the secret nature of the dagga traffic severe penE 365. assist in eradicating uoxlgu.s also is necessary to make as much use as possible of the i;ffit io -weeds would serl it ina headmen liable to discipliuary action informer-systi:m. The effectiveness of the system is, ;;;&, itrlets 45 rsumciency of the ylfh, involve suspension from duty or coloured, orsmlssal.T"y -even, and preferably life_size poster illustrations of able delay before In these circumstances the Comniittee tne. p-lant the -of considers that ln different siages growth could bc ue to the present it would be unwise to th. exhibitcd at agriculrural sho"wi responsibilities of chiefs and headmen "it.rrO ,no- suitablc ritteeves _obtainhg the in respect of the functidns lparsll2g and, 29'l "iif,.. recommends - ). ner of Police for eradication of dagga etars.272-274). Propaganda Application of the principle of Regarding the ElJects of Dagga. 'bility Comntunal Responsi_ the procedure for in Nativs psr"rrrr. Propaganda to stress the narcotic an

ANNEXURE. Copeman, I LISI UI'PERSONS AND ORGANISATIONS WHO TENDERED ORAL EVIDENCE AND/OR Chemical Labr SUBMITTED MEMORANDA. .ofPolice);.Kie rl Native Yoilths (The centres marked * hereunder were visited by the Committee') Eritention.lor ( inent.of Pha.rm Gbneral Manr Native Corrmi (Department ALBERTON. DELMAS. r Nel, E. J. (Sergeant, S.A. Police). Squires, H. J. ( van Coller, M. (Location Manager). for Inebriates): ALICE. DUIVELSKLOOF. E. C.; Knobel, (Native ment); Venabl Child Welfare Society. Liefeldt, E. Commissioner). Affairs); Kok, DUNDEE. Detention); Cl ALIWAL NORTH.+ Protea (Acting Commandant of Police)' Coloure Allison. Maior F. S. (Actins District Commandant of Police); Telblanche, L. District Lange, M. D. Gouws- P. M. (Sereea,it. S.A. Police); Phillips, A. W. (Vice- pr.iiA"irt. North-Eaitem' Agricultural Union); Nkomalq, .L' DURBAN.I iMri,ilipit Location officiali Kongisa, N' E. (Member, Native District Commandant of Police; Hignett, C. A. (Welfare Officer, van der Mer Aavili Board); Sidzumo,'-A. lSecretary, Location Advisory Municipal Native Administration.l; Robson, H. A. (Senior Location Board). Superiritenden0; Johnson, J,'i. (Location Superintendent); Chandlev. P. E. tMunicioll Native Administration); Olivier' J. Mumbrauer, BARBERTON. (Head i

NEXURE. JOHANNESBURG.* LICHTENBURG.* Copeman, Dr. P. R. v. d. R. (Officer-in-Charge, Government police); D/OR .-;Ste.Vn, _qap!: L:-Jl (District Commandant of Molete, B. Chgmical Laboratories); Grobler, Major P. (District Commandant (Native R. (Attorney and (Principai, Qhie^f);_Krige, Farmer);'Matlaba, S. . of Pdl'i'ca);.Kieser, W. W. J. Diepkloof Reformatory for (Native Chief)l Fourie, H. S. and du Preez, p. (Lichiinburc Branch . ;" Ndtive Yotths); Childs, H. B. (Auckland Park Plirce of Safety and of District Fafmers' Association); (Weeds potehtigd Greef, P. A. Idpector); lor Coloured and Native Youths); Lervis, Dr. S. (Depart- Harrington, W. (Detective Serleant, S.A. police); Shbb, M: ihent.of Pharmacology, University of Wit#dtersrandl; Omie oithe (Headman). General Manager, S.A. Railways and Harbours; Zici, L. S.; Native Commissioner, Alexandra Township; Watt, Professor J. M. LUSIKISIKI, (Department Pharmacology, University Witwatersrand); of of Magistrate; OdendItt, N. _de K, (Station Commander, S.A. H. J. (Superintendent, Northlea Retreat and Wedge Farm Police)^ I!_u_gu-1i,. $quires, ; A._ (Principat Hlabati Higher Mission Sihool) ; for Inebriates); Grobbelaar, Councillor Mrs. E. A.; Passmoie, Mrs. Vungiyq, W. (Strb-Headman,Zalu Heights Location and Memb6i E. C. ; Knobel, R.; Petzer, E. P. (Municipal Social Welfare Depart- of District Council). lng-nt); Venables, L. I. (Manager of Municipal non-European {,ffairs); Kok, D. J. (Principal, Norwood Place of Safoty-aod LYDENBURG. Detention); Cfuld Welfare Society; Fredericks, A. W. (Principal, Native Commissioner. Protea Coloured j Polic€). School and Member, Coloured Advisory Council) )f Lange, M. D. (Welfare Officer). MAFEKING.+ KEETMANSHOOP. Welfare Officer' van der Merwe, T. G. C. (District Commandant of Police). Senior Location iuperintendent); XIMBERLEY.* on); Otivier, J. Mumbrauer, K. J. lChief Magistrate); van Heerden, Capt. p. W. (Sergeant, S.A. (Acting District Commandant of Police): van der Merw-e, p. W. 'olice)l Silva, - (Head Constable, S.A. Police); Kock, J. H. M. (Station C6mman- rcipal, Place of der, S.A. Police;; Tucker, Dr. B. (District Surgeon); Pollard, W. T. Girls); Badscho, (-Serggan!, Municipal Police); Meyer, N. C. (Locaiion Mairager); MALMESBURY.* Kzosi, G. M.; Abrahams, H. A. _ Cloete, C. (Magistrate); von Ludwig, W. A. p. (Sergeant, S.A, Police). KINGWILLIAMSTOWN,* ,tectie^'f Child Jasson, H. (Headman, Coloured Location and Member of Child MAMRE MISSION STATION FOR COLOUREDS.T iilber F. W. Welfare Society); Dweba, S. (Member of Tamacba Local Native ..Claassen. Q._O. (Superintendent): Kronoberg, Rev. D. S.; (Sociar Service QSu.$-it) ; Eales, H. P. (President, Farmers' Association) ; Gin sberg, Ahren, C. and Ulster, J. J. (Child Welfare Socid{y). E. D. (Officer Nomvete, $,r1.($p1or);.Benq!e, liegt. l. M. Commairding, S.A. (BASUTOLAND).i al Commonage P.plice* Ngesi, P. M. (Clerk); Burton, Dr. A. W. (Retired Medical MASERU - (St- Native Affairs): hactitiqner); B1ink, J. M. (Chief Native Conimissioner); van -_L4vgevq41, Rev. Father F. Ro.se. Catholic Mission); Elliot, n, D. G. (toca- Heerden, J. A. C. (Native Commissioner): Swartz, W. (Member of S, J. D. (P!t!.rpt Commissioner).;_Whitworth, D.. n:--Dj (di6; )lic Prosecutor); Coloured School Committee and Superintendent of Independent Directo-r of Medical Services); Williams, Capt. p. O. isuid.i"ten: Order of-True piincipal, trloko, Chief (represehting \frican Parents' Templars); du Plessis,-W. K. H. (Acting {9nt -of _Police; ; ,Moia, itri' eaiamount Industrial School), Chief);.Sekike, R.; kkomota.- R.; p.; Se[oiii X.i r_epeii. J.; Makebe, K. C.; Lekoekoe, A.; Moliheli:, C.; So.iiiie, p. KLERKSDORP. f. MATATIELE.I k Colony); van . _Bolrynr:, tI._F. (Magistrate): Erlank, J. P.: Steyn, A. (Chief rious inmates of Municipal Health lnspector.) _ Plqr, ot..y. K.; Joyner, $..t, K, (fauner); Sibi, J. (Chief, P-ull*:l Tribe) ; Itennin g. J. J.. (Distlict CorrminOiri of pbti"ij i KLERKSKRAAL. van straaten, N. J. (Vice-Chariman, Ongeluksnek Farmeri; Station Commander, S.A. Police. Association). KNYSNA.* MBABANE (SWAZILAND).* _ Pietersen, D.l Schalkwyk, C. T. (Sergeant, S.A. police.t; .,X1-19tt5{tr{l"T, ryFjg..f. l. (Actins Commissioner of potice); V. Farmers',q (. slrburn, p. ti. f. (District Commissio_ner, Mbabane); Major C. H. Bok4qg_,t, 4. _(Chairman, isociat ion ) ; Benn ie, H. Coope'r, , (Social Welfare Officer). Lieut. L.-M..(Swaziland,police)I purcell, J. f. S. tbisirildCominisj (Native Chief); sloner, Hlatlkulu); Mshinanga, _ (Native chief). g, H. C. (former KOKSTAD. District Commandant of Police. MIDDELBURG (CAPE). District Commandant of Police. KOPPIES. Vos, J. B. (Magistrate). MIDDELBURG (TRANSVAAL). District Commandant of policri KRAAIFONTEIN (CAPE).* MIDDLEDRIFT. (Mayor); Moor . van Heerdgn, W. S. (Superintendent of Work Colony): Various . (DeDartment of Station Commander, S.A. police. Frerkamp, inmates. of -Work Colony; Carpenter, W. (principal,-iiwrencia :e); Institution for Coloured Boys). on); rb, L. C. i. (Socral Welfare KROONSTAD.* s. _ Yo.*tC,_ J..J. C. (Chairman, Farmers' Union); Rossouw, Capt. f. J. A. (Actilg pistrict Commandant of potcbi; erchdeacon-of Kroonstad; Geel, P. (Location_ J. Manager)j'Khaiistsoe, E. MOUNT EDGECOMBE. ,lative Affairs). (Detective-S":geant, S.A.. Police); Malhoba, W.; Miya, p.;'unA Lukas, M, (Location Constables); Geldenhuys, M,-p. (W;aa Dodds, A. E. (Secretary, Inanda Child Welfare Society). Inspector); Louw, D. (Social Welfare ' Officer). MOUNT FRERE. KRUGERSDORP.* Dreyer, T. A. (Station Commander, S.A. police). van Niekerk, J-. C. (Compound _ Manager, Durban Deep Mine); MQANDULI. Diedericks Jwoqreyf Pr. J. 9. (Physician Superintendent, Steikfontein 'olice; Balk, H. (Magistrate and Native Commissioner). Constable, S.A Hospital); Elrlg{r,Ygp. P. J. Commandint ;i F;i6l; U.(Clerk, Discovery -(Districi rart, G. (Retired !t9O1n{9, Hospital); Makanya, J. (Constabli, MSINGA. S. Polip ) ; C. ( Un ion Depaitment rnt, S.A. Policc; {.. _cr_o_bler, {. of Nratii,i [niiii i i Watson, C. (Native (Location Oelrich, P. !, (Social Welfare Officei); pretorius, H. j.-ifi;?: Commissioner). , I. H. Compound Manager, ptiniij. West Rand Cons6liaateA NDWEDWE, KURUMAN. Magistrate and Native Commissioner, Native Commissioner, Commandant of NELSPRUIT.* " LADYBRAND. _ va1 dgg WUJ!,. H. J. (Magisrlate a1d_Nltive Commissioner); District Commandant of Police. Tpb,+:Y.3,(Clerk);srandei,_MajorC.r.(oisticl-C-offi anaar{i or rollcer: I raynor. J. J. (stock-Ilspector); Dell,-ai"-n"ri,'i. R. c. M, (resident, LADYSMITH (NATAL).* Southern Lowveld Fani-rers' uni,on); iin (Social Welfare L N. ._qinCh,,K. R. (Indian Social Welfare Ofncer); Bain, Dr. Officer). (District A. R. Surgeol); Psengu, S. A. (Native H-erbiiist); uin Zuvaam, NONGOMA. J= J. (Station Commander, S.S. potice);'itobirts6n, K. (Magistrale.);-J.;.May, Native Commissioner. __P-inniger,-_Dr. A. F..: (former Dihrict- Su;;;;t; qqydom, H. W. (ex-Policeman and Farmer) LIYLSTROOM. ,. LIBODE. Vorster, J. P, (District Commandant of polie). ll gereir.a, y..M.S. (Agricultural Officer, Union Departmsnt of l\ative Affairs). OMARURU. District Commandant of police. 48

OTJIWARONGO. RANDFONTEIN. Muray, W. D. (Acting District Commandant of Police). Hcidtmann, A. E. (Ma(ager, Municipal Native Administration). - OUDTSHOORN.* ROODEPOORT. Schoeman, P. R. (Secretary, Farmers' Association); du Plessis, Jooste, l{. S. (Social Welfare Officer). J. D. (Weeds Inspoctor); Joubert, Capt. G. L. (District Comman' dant of Police); Sbnn, A. R. (Principal, North End Congregational School fol Coloureds); Fourie, L. C. (Head Constable, S.A. Police). PAARL.* Stafford, J. H. (Head Constable, S.A. Police); Mahanga, R. (Headman I-ouws Location); Matomele, C. (Headman, Truters Location); van den Berg, J, M. (Public Prosecutor); Moss, -E'; Retief, W. B. (Social Welfare ll District Commandant oT'Police; Officer); Coetz?e, Dr. C. G. (Municipal Medical Officer of Health). STBASA. PIETERMARITZBURG.* Liefeldt, I. (Native Commissioner). van Heerden, Major R. de W, (District Commandant of Polic€); SPRINGBOK. (Detective S.A. Police); Strydom, G. S. Kok, T, Head Constable, van dcr Merwe, C. J. (Social Welfarc Officer), (Principal, Place of Safety for non-Europeans)i Fulton, E. F. (Weeds Inspector); Levine, Dr. @istrict Surgeon); Dexter, SPRINCS,* - (Manager, L. A. (Court Interpreter); Bang, D. W. Municipal (Compou nd Official (ex-Chief District Commandant of Police; Moore, M. Native Affairs); Martin, B. W. Native Commissionel of Daggafontein Mine); Eliastam, T. (Farmer); Mbele, E. P. (St Natal); Liefeldt, M. L. C. (Chisf Nativo Commissioner of Natal); T. (Social Welfare Officer): Municipa (Union Native Affairs). kwis Mission); Ferreira, l. Gillbanks, C. R. Dopartmont of non-European Affairs Department; Botha, H. J. (Compound PIETERSBURG.* Manager, New State Areas Mine). boshoff, Lieut. H. (Acting District Commandant of Policc); STANDERTON. (ex-Detective Police); Volschenk, A. J. C. Koen, P. Sergeant of Meyer, K. (Social Welfare Officer). (Farmer); Franz, Dr. H. C. (District Surgeon); le Roux, D. B. D. (Location Suporintendent); Shilubane Nwamitwa and STELLENBOSCH.* (Chiefs, -; -; Muhlava Letaba District). District Commandant of Police; Esterhuijzen, J. L. (K Farmers'Association); Smith, M. L. (Weeds Inspector); H. F. (Detective Sergeant, S.A. Police); Poole, P. R. Coloured School). STUTTERHEIM. PLETTENBERG BAY.* Pakendorf, Rev. G.'A. Myburgh, - (Sergeant, S.A. Police). TAUNGS. PORT ELIZABETH.+ Magistrate. District Corrrmandant of Police; Kirchner, D. H. (Acting Chief UITENHAGE.* Maaistrate); Board, C. T. (Manager, Municipal Native Afairs); District Conrmandant of Police; Solomon, A.; Botha, L. M. Luyt, W. A. C. (Customs Officer); Attwell, Rev. P. S.; Nel, C. J. D. (Location Superintendent); Rens, E. S. (Town Councillor); (Nitive Commiisioner); Goosen, P. J. (Employment Officer, Union Grobbelaar, J. H. (Kruithoring Farmers' Association); van DeDartment qlNative Affairs): Barnard, A. (Station Commander, Rensburg, E. (Detective Sergeant, S.A. Police). S.A. Police); Prinsloo, G. L. (Detective Head Constable,.S'A' Police); Janriran, W. T. (Municipal Chief Housing Supervisor); UMTATA.* Lamani, A. Z. (Social Worker, New Brighton); Ntshinga, J' H. E. District Commandant of Police; Stewart, Dean C. C.; Landsdell, (Asst. Chief Headman, New Brighton); Molefe, G. B. (Principal, T. M. (Location Superintendent); Bowles, E' J. (Detective S91ge1nt. ilantu Hieh School and Member. Native Advisory Board, New S.A. Police); Mazwi, Rev. H.; Poto, V. (Paramount Chied of Brichton): van Rooven, C. (Officer-in-Charge, Covernment Western Pondoland); Viljoen, Dr. W C. (Government Veterinary Chimicai'Laboratory)J de Villiels, P. w. S. (Chief Warder, Porc Omcer)i Yates, J. J. (Chief Magistrate); Goodrvin, E. A. {Con- Elizabeth Gaol); Limba, (Bishop); Zitri, T. M.; Jakavula' S. servator of Forcsts); Dlanjwa, J, (General Scuetary, Western (Headman, Wdlmer Location);- Murison, W. G. A'; Felix, J.; Pondoland Teachers' Association). Smith, F. N. (Municipal Housing Inspector). UPINGTON. PORT NOLLOTH. District Commandant of Police; Boukes, J. J. P. (Social Welfare District Commandant of Police' Officer). PORT SHEPSTONE. VEREENIGINC. District Commandant of Police. District Commandant of Police. PORT ST. JOHNS.* VERUT,AM. van del Linde, S. J. (Station Commander, S.A. Police); de Vries, J. G. (Magistrato and Native Commissioner). James, J. E. VRYBURG. POTCHEFSTROOM.* District Commandant of Police; Native Commissioner. District Commandant of Police; Swart, N, J' (Detective Sergeant, S.A. Police);Uys, Rev. M. C.;Sqym1n, J.,P.-(Constable, VRYHEID.* S,A. Poiico); Geldenhuys, F. C. (Social Welfare Officer). Strauss, Capt. P. J. (District Commandant of Police); van Rensburg. Rev. C. J.; Mckan, O. J. (Compound Manager, POTGIETERSRUST. Coronati6n Mine); Mtshali, R. (Induna, Kambula Mission Native Commissioner. Station); Bhengu, S. I. J. (Member of Local Native Advisory Board and President, Natal Native Advisory Board); Goosen, PRETORIA.* J. H. C. (Public Prosecutor); Mdhluli, J. B. (Court Interpreter). District Commandant of Police; Mitchell, Rev. R. B. ; Laubscher' Or. C. f. (District Surseon); van der Berg, Major R. J. (S.A. WELLINGTON. Police): Niude. J. J. S. (Pretoria Branch of Social Sorvices Smit, J. P. (Location Superintendent). Associdtion): Cieenwood, N. E. (Union Department of Health); Kriel. C. J.'(PrinciDal. Wierda Hostel for Native Youths); Dyer, WFIITE RIVER.* or. ir. a. ichief, oivision of Botany and Plant Pathology)l Nol, H. W. T, (Sorgeant, S.A. Police); Sikali, P. (Constablg S.A. ReDton. J. E. (asst. Director of Municipal Parks); Karvie' J. A. Polica); Captain, I. (Agrioultural Demonstrator); van der Mer*e, (Mlmb6r of Cdloured Advisorv Council); Steyn, Professor D. G. M. J. N, (Superintendent, Swartfontein Work Colonyi). iDeoartment of Pharmacology, University of Protoria) ; itaubtfleisch. D. B. (Superintendent, Sonderwater Work Colony); WINDHOEK. uni6n Depaitment df Health; de Vos, Dr. P. (Commissioner for District Commandant of Polico. Mental Hygiene); Koch, P. (Technical Adviser, Department of Agriculturi:); Pepler, T. (Supcrintendent of Prisous). WORCESTER. District Commandant of Polico. QUEENSTOWN.* (CAPE). District Commandant of Police; Fuchs, F. (Detective Head W]'NBERG Constable, S.A. Police); Cheyne, Dr. A. W. H. (Superintendent, District Commandant of Police, W. (Location Superintendent); Mental Fiospital); Morris, H. ZEERUST. Jooste. F. N-. (Stdtion Commander, S.A. Police); Green, N. W' vgion Departmeut of Labour). Station Commander, S.A, Folicc