{"id":144534,"date":"2019-08-27T22:47:37","date_gmt":"2019-08-27T20:47:37","guid":{"rendered":"https:\/\/www.myza.co.za\/a-new-approach-to-criminalisation-could-end-cape-towns-drug-wars-the-conversation\/"},"modified":"2019-08-27T22:47:37","modified_gmt":"2019-08-27T20:47:37","slug":"a-new-approach-to-criminalisation-could-end-cape-towns-drug-wars-the-conversation","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/a-new-approach-to-criminalisation-could-end-cape-towns-drug-wars-the-conversation\/","title":{"rendered":"A new approach to criminalisation could end Cape Town’s drug wars | The Conversation"},"content":{"rendered":"

A new approach to criminalisation could end Cape Town’s drug wars<\/a>: <\/p>\n

The drug trade is the main source of income for gangs in Cape Town.<\/span> EPA\/NIC BOTHMA<\/span><\/span><\/figcaption><\/figure>\n

It\u2019s not known exactly how many gangs there are in South Africa\u2019s Western Cape province, but gang membership has been estimated at more than 100 000. Almost all these gangs, most concentrated in Cape Town, make the bulk of their money from procuring and selling illegal leisure drugs such as tik (crystal methamphetimine), heroin, nyaope (a street drug that mixes several illicit drugs) and dagga (marijuana).<\/p>\n

Herein lies the conundrum: the criminalisation of possession and use of drugs creates conditions that are conducive for organised crime. This is why understanding the use, misuse and trade of illegal drugs is central to any intervention involving gangs and any policy relating to them.<\/p>\n

This discussion is particularly important right now. Soldiers from the South African National Defence Force have moved into various suburbs in what\u2019s known as the Cape Flats \u2013 an area of Cape Town racked by gang violence. But it will take more than armed soldiers to solve these seemingly intractable problems.<\/p>\n

Criminalisation is a key issue to consider here. While all drugs are potentially harmful, there\u2019s no doubt that criminalisation of possession and use creates enormous harms. Some of these relate directly to drug use. Others are about the production and supply of drugs. Perhaps the greatest harm is that young people are being caught up in the criminal justice system in huge numbers and ending up in jail where they are inducted into fierce prison gangs. Drug arrests are also wasting police time, clogging courts and filling prisons with young people.<\/p>\n

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Drug-related arrests in the Western Cape are climbing.<\/span> Statistics South Africa<\/span><\/span> <\/figcaption><\/figure>\n

It\u2019s clear this present approach to criminalisation has failed. Cape Town \u2013 and South Africa\u2019s \u2013 drug problem is escalating. At present the country is simply placing a potentially dangerous market into the hands of criminal syndicates and international traffickers.<\/p>\n

A recalibration is urgently needed. In fact, the thinking around criminalisation is shifting globally. More than 50 years of prohibition, with more than a trillion dollars spent on enforcement worldwide in that period, have failed to prevent a dramatic rise in illicit drug use.<\/p>\n

According to Transform, the UK organisation dealing with drug issues, \u201cthis is hardly surprising given that research consistently shows criminalisation does not deter use\u201d.<\/p>\n

How could South Africa do things differently?<\/p>\n

Mapping drug routes<\/h2>\n

There are a few reasons that criminalisation simply doesn\u2019t work.<\/p>\n

First, illegal drug markets are characterised by violence between criminal organisations and the police; between rival criminal organisations; or both. The intensification of enforcement efforts simply fuels this violence.<\/p>\n

Second, it is in the interests of criminal organisations seeking to protect and expand their business to invest in corrupting and weakening all levels of government, the police and the judiciary. These problems discourage investment in affected neighbourhoods. Meanwhile, limited budgets are directed into drug law enforcement, and away from health and development.<\/p>\n

Another issue is that squeezing the supply of prohibited drugs in the context of high and growing demand inflates prices, providing a lucrative opportunity for criminal entrepreneurs.<\/p>\n

A report by analyst and author Simone Haysom traces a heroin route that crosses Southern Africa from the East African \u201cheroin coast\u201d into South Africa\u2019s cities and on to Europe and the Americas. This is one of three major heroin routes out of Afghanistan, which have their main markets in Europe and North America.<\/p>\n

Until recently the southern route was considered to be the poor relation of the Balkan and central routes, which travel overland \u2013 and a much shorter distance \u2013 from Afghanistan to Europe. However, the southern route has become much more significant since 2000. This is principally because of an increase in opium production in Afghanistan; increased enforcement on the other routes; and persistent \u201cimpunity\u201d for traffickers operating in East Africa.<\/p>\n

In Cape Town, a significant proportion of street crime is related to the illegal drug trade. Rival gangs fight for control of the market and dependent users commit robbery to pay for drugs. The criminal justice-led approach has also caused a dramatic rise in the prison population of drug and drug-related offenders.<\/p>\n

Alternatives<\/h2>\n

So what might an alternative approach to drug legislation in South Africa look like? International experience and research suggests the goal of any drug policy should be to:<\/p>\n