Irrationality In South African Crime Of Possession And Use Of Nyaope And Its Possible Influences On The Missing Health Oriented State Interventions For Nyaope Addicts

This article exposes possible effects of the application of the provisions of South African Drugs and Drug Trafficking Act 140 of 1992 on Nyaope drug addicts. This Act criminalises possession and use of dependence producing substances including Nyaope home-made drug concoction. It assesses the impact that criminalisation of possession and use of dependence producing substances including home-made drug of Nyaope has on Nyaope drug addicts. It encourages state policies enhancing health oriented interventions for addicts instead of criminalising Nyaope drug abuse related possessions. It views the current Criminal justice orientated approach to curbing the Nyaope scourge as one sided. It argues that, this approach ignores health based approaches. It maintains that criminal justice oriented approaches encourage drug trafficking and inspire high statistics of drug abuse. It recommends a dual fight against Nyaope addiction involving delinquent control mechanisms and access to counselling and treatment of Nyaope drug possessors who are also abusers. It pursues the opinion that addicts need not be exposed to the criminal justice system before their health status is considered. It also recommends that health oriented mechanisms be paramount in the State’s attempts to weaning Nyaope addicts from addiction and criminal activities. Due to limited published academic material focusing on concerns on the scourge of Nyaope in several metropolitan areas in South Africa, this article uses desk top research. It accessed online sources entailing newspapers comments, conference proceedings and published audio media debates containing conversations by concerned public and Nyaope addicts. It drew legal perspectives on Nyaope from a few unreported court cases and police arrest scenarios exposed in media reports.