Author Topic: Being active in defending your rights  (Read 406 times)

Offline Totemic

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Being active in defending your rights
« on: May 12, 2018, 03:14:52 PM »
So, we all know the actual current and quite frankly sad legal status of Cannabis in South Africa. Yes its actually still completely illegal, at least until the Supreme Court upholds the High court decision in the Davis Judgement.

My introduction to Cannabis was all the way back in '93, and it has been a part of my life since. Moreso in the last eight years though, where it has been part of my daily routine, morning, noon, and night. Mostly as effective physical pain control, and then as anti depressent. I see my cannabis use as completely embedded into my life and use it medicinally and recreationally, not as a social endevour, but rather as the only viable solution to obtain a true feeling balance in my life, my body, my overall health. My endocanabinoid system firing on all cylinders. Ja, in afrikaans word ek n daggavraat genoem! All jokes aside though, that's as real as it is to me. I am not ashamed, or morally fearful of persecution, as ultimately my inner reality, and my outer life are both morally sound, and cause zero harm. I am a self confessed cannabis user and lead a healthier lifestyle since maturing to this conscious state.

Crazy ridiculous right? Well when the shit hits the fan, you just never know how much is going to hit you. Sometimes its so much that you need to look at it that intensely.

My story and the almost mess my life and my families lives have been dumped into illustrates the very real damage that continued cannabis prohibition is subjecting innocent poeple to. You see, it is painfully clear that the current completely irrational prohibition on cannabis, the propaganda machine, is the only thing empowering others to act out in an equally irrational manner, toward something as natural and important as cannabis is to the human condition.

The date is 29 January 2018...

A situation had been developing on the neighbourhood watch whatsapp group indicating a clampdown was rolling out targeting drugs in the neighborhood. Being as unlucky as I am, I ended up moving across the road from Captain Neighbourhood watch himself. Yes, I'll call him that.

I have only been at my current address for a year, but have known this man for four years. Yes, so well infact that we have shared many a joint at our address from way back when. Afterall Cannabis does bring people together, right?

And then the whole "...and these are the days of our Lives", words, music and all replays in my mind, as the situation ignited that fateful afternoon end January.

For years we have been living with a motto of nobody knows about our activities as innocent as they really are. The Davis judgement opened a door, perhaps prematurely, but nevertheless, it relaxed me to a point where I was "legally" free to just be the me I always have been, without having to live covertly in fear anymore.

You see, the reality is that not everyone is seeing things the same way. The exact opposite is actually true; evidence of how effective the prohibition propaganga machine is on the masses.

A simple conversation initiated by myself that afternoon inquiring why there seems to be the sudden witch hunt on cannabis in the area, went south as quickly as a robbery.

I was met with a completely indoctrinated attack on my cannabis use. This from a person who had at least on a social level shared a love for cannabis in the past, turned complete enemy and in attack mode.
The altercation stopped short of physical assault, though still a vicious face off between us two, it ended with me drawing a line, making a final decision to stand on my moral fiber, making it clear that its a martyrdom for me, and I will ferverently defend my cannabis use. Also, quite obviously I enforced my privacy. What else could I do but make it clear to Captain NHW that he needs to mind his own business and contain himself to his own house and yard. In my mind this was the end of the situation all of us being adults and all. To the neighbours though, the illegality of cannabis became the perfect tool in a foul play scenario involving SAPS, other individuals, and even child social services all being used and manipulated to effect a vindictive, malicious direct attack on myself, my wife, and our two children, boys, aged 10 and 11.

Backing it up a bit though, this is a time line of what followed:

29 January - 30 minutes after the verbal altercation; SAPS arrive at our house on a domestic dispute complaint. Neither my wife nor myself made the call, so it must have been the neighbour as the other party. SAPS leave on me informing them that indeed there was a verbal altercation, but that it was not the kind of situation that required police intervention.

A few days later, very late one night past eleven we were awoke by SAPS sounding sirens, throwing stones on our roof, and screaming to get our attention.

Through the confusion of being so suddenly and intimidatingly woken, I was faced with that situation we all dread and had to make a decision on how I would handle it. I was met with the steriotypical aggressive SAPS approach. You know, the kind of approach that a common thug may need. I met them outside and kept them outside, greeting them and enquiring as to their presence.

It was a cannabis complaint they were responding to. I proceeded to explain clearly and calmly that I do in fact use Cannabis, and that I base my behavior within the provisions set out by the High Court.

The SAPS members proceeded to inform me that according to them cannabis is still illegal, and they aren't wrong in saying that, but I continued confidently and pointed out this grey area that now exists, and that I am sure of the protection and relief provided to me in the Davis Judgement.

It was instant. They were psychologically disarmed, their body language softened, and their whole approach toward the situation reset. We spoke for a while and they left.

By the third week of February, I had received no less than 7 of these very late night visits. By now it had also become obvious that these complaints were not so anonymous and clearly the work of Captain NHW.
Each time I handled the situation with the same confident calmness and absolute truth about the situation, and bear in mind that it was a different set of SAPS officials on all occassions. Each encounter had the SAPS officials completely disarmed, and neutral toward me.
Not overlooking this intensity of SAPS attention, I approached the court to interdict my neighbour from continuing to harrass me about my cannabis use, and to stop abusing police resources to effect this harrassment.
This interdict succeeded, and an optimistic person would assume its the end of the story.

So intent, and so sure he is acting lawfully, Captain NHW, ignored this interdict twice more, bringing the total to 9 times SAPS was summoned on a cannabis complaint. SAPS have responded well to the interdict and have since not entertained complaints levelled at us.

Next were all our surrounding neighbours. Captain NHW approached all the immediate neighbours, and proceeded to inform them about my cannabis use. However cannabis alone wasnt doing the trick and the story had now morphed and both my wife and I were full on drug addicts, using all manner of drugs.
Still doing damage control I took it upon myself to approach all our neighbours individually, invited myself in for coffee, and had long talks with them about cannabis, and my life. It's about as much as I can do in trying restore dignity where it's needed.

The court was cognisant enough upon providing me relief with my interdict to include conditions that spreading rumours, watching our house, and generally invading our privacy where unlawful and so enforced.

Fast forward a month. End of March, I get a frantic call from my landlady. An elderly woman in her eighties, who is aware of my cannabis use. Captain NHW and his wife contacted her with an elaborate story about how they know she is aware of all the irregularities and illegal activity at her premesis, and how she is going to loose her house if she doesnt evict us immediately. It was in this phonecall where the threat of social services was also communicated.

Docket 1 opened. Breaking Inderdict terms: Invasion of privacy, spreading rumours, intimidation. Status. Under investigation.

A few days later we noticed a camera installed under Captain NHW's fascia, an expensive infra-red model with the lens trained directly on our frontdoor.

Docket 2 opened. Breaking interdict terms: Invasion of privacy. As well as an array of charges specifically regarding CCTV camera law. Status. Under investigation.

Formal complaint also laid at municipal level
Regarding the camera, as this is their jurisdiction.

Through April a formal letter requesting my wife and I attend a meeting due to a complaint registered with the National department of Social Development. This meeting and subsequent preliminary investigation concluded that there is nothing to investigate. A relief yes, but unnerving that people would stoop so low as to target children.

Docket 3 opened. Breaking the interdict conditions. Invasion of privacy, spreading of rumours, continued harrassment and intimidation. Under investigation.

The next completely irrational thing to come both myself and my wife's way, was an intimidation charge levelled against us. A clear retaliation at our attempts to get the neighbours to just leave us alone.
A move that compelled me to setup an affidavit detailing the situation precisely, and tabling it up the command chain, at provincial General level in SAPS, the MEC for safety and security, the community policing forum(CPF),
and the NPA; requesting a clear directive.

The indictment is harrassment and intimidation, invasion of privacy, contempt of court, and 9 counts of crimen injuria....and then some

An arrest warrent has now been issued, and we are waiting on SAPS to affect it, and we will be meeting captain NHW at his formal bail hearing.

This concludes part 1. Much of the detail has actually been left out due to the sensitive nature as we proceed to trial. The rest is subjudicae and will become reportable as court proceedings finalize.
« Last Edit: May 15, 2018, 09:44:00 AM by Totemic »
The following users thanked this post: 420SA, Toby, CerealKilla, Hochymama, Longee

Offline Totemic

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Re: Being active in defending your rights
« Reply #1 on: May 13, 2018, 05:59:20 PM »
Now there is just so much to take in and analyse from this. The clear lessons im learning as this situation continues to unfold are vast.


Offline tarbaby

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Re: Being active in defending your rights
« Reply #2 on: May 13, 2018, 06:10:26 PM »
This is some next level crazy shit. The stress this must be putting on you and family must be terrible. I can only imagine the tension when coming and going and having to see this guy.

Offline Totemic

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Re: Being active in defending your rights
« Reply #3 on: May 13, 2018, 07:28:44 PM »
This is some next level crazy shit. The stress this must be putting on you and family must be terrible. I can only imagine the tension when coming and going and having to see this guy.

You know, as much as I dont attempt to capture any drama in the telling, its surreal to say the least, and this is where all the harm is originating.
It's extremely stressful, traumatic actually, and this has reverberated into my work, my wife's work. Luckily we have managed to shield our children through much of the onslaught.
Initially I was really panicked. I made a poor judgement decision and projected my stress onto a close friend. There is no control in panic and fear though, and making the decision that I will not be victimized or marginalized any longer, allows one to retake control.
It's rare I think to hear in cannabis circles that SAPS can be commended. I really have to commend the entire police station at their handling of the situation so far.

As far as having to see him. Its rough. Nobody wants to be in situation as this with a neighbour. We all want a peaceful living situation.
« Last Edit: May 13, 2018, 07:37:58 PM by Totemic »

Offline Hochymama

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Re: Being active in defending your rights
« Reply #4 on: May 14, 2018, 07:10:26 AM »
Morning mr.T, I honestly don't know what to say to all this, except you were the better person in the way you decided to approach this matter and deal with the shockwaves emanating from this situation. And in regards to the SAPS its heartening to see that their attitude is changing with the new info that's available to them... Thank you kindly for sharing mr.T.....

Offline 420SA

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Re: Being active in defending your rights
« Reply #5 on: May 14, 2018, 11:23:18 AM »
Can't begin imagine the stress and effect that this vendetta against you is having on you and your family. I struggle to understand why a person would go to such lengths to harass someone purely because of what they do in their private time which as we know does zero harm to those around us. The way you have responded in all this has to be commended and epitomizes how us "daggakops" deal with conflict like this.

What is of course promising is that the law, of all things, is on your side. It's crazy to think how you succeeded with an interdict to prevent yourself from being harassed for your cannabis use. That in itself is a milestone already and a rather clear sign that our rights are finally being protected. 

Best of luck with the court case, please keep us updated. Hope cpt neighborhood wanker gets what he deserves :sillyass

Offline Josh Stoned

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Re: Being active in defending your rights
« Reply #6 on: May 14, 2018, 11:56:47 AM »
Hey bud,
My take on the whole situation is an utter disgrace on the part of Mr NHW, your actions has no influence on your neighbours or himself. Does he feel a sense of shame in his past social smoking?
Perhaps he should stand a bit closer, take a deep breath and relax the f@#k down.
May I ask if SAPS knew of the grow or was it purely the use thereof?
Luckily kids of that age don't really understand the issues, so sad social services had to be brought into the equation.
Be positive bud, seems like you have your head in the right place.
Be safe brother.

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Offline Ras Judah

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Re: Being active in defending your rights
« Reply #7 on: May 14, 2018, 01:10:38 PM »
You have definitely acted in the correct manner and even that with the law! Try and keep the subject at the smoking part and Iím sure you have already but try remove anything regarding growing from your house and let it rest at a family members place until the waves have settled or ask one of the guys on the forum to help you out but any sign of growing to mr nhw and then the case is a whole different one and then he is now going to have another reason to go at you! He basically now has nothing against you and in despite all his efforts he will still get nowhere continue with the onslaught of cases against him with regards to the interdict and keep the amount of marijuana at your house to a low. I think those would be a few good options to take into thought to prevent the case from changing direction because we can already see that smoking is now becoming less of a thing! I donít think saps have any concern about a grow so weíd like to keep it like that because I think thatís the more touchy subject especially regarding indoor seeing they call it ďlabsĒ. But yeah this is such a tough situation to be in, peace and love to you and your family my brother have faith through this tough time and once you guys have come out of it Iím 100% sure you guys will be stronger. Be prepared for everything from here on out and make sure you bring your a game! This could make waves king Iím sure if you get in touch with the right people you could have some support on your side. Blessed love

Offline Skunk

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Re: Being active in defending your rights
« Reply #8 on: May 14, 2018, 06:39:35 PM »
Good luck. Thank you for sharing. Well done keeping your side clean.

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Offline SmokeyTheBear

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Re: Being active in defending your rights
« Reply #9 on: May 18, 2018, 01:00:04 PM »
Quite a surreal situation, but you handled it extremely well.

Thank for sharing your experience and I'm sure we'll all learn from it.

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Offline Totemic

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Re: Being active in defending your rights
« Reply #10 on: May 21, 2018, 07:40:24 AM »
My take on the situation is that Cannabis isn't taking the centre stage here as Captain NHW would like. Cannabis has just been chosen as my supposed weak spot to marginalize and victimize me. 

The Davis Judgement has succeeded Cannabis to private use in the home, and entirely negates Captain NHW's claim of my apparent illegal activities. The court however, especially in harrassment and intimidation cases, focus on the modus operandi of the harrassment itself, and not so much on the vehicle driving the harrassment, in this case, the fact that I smoke Cannabis. Captain NHW could have chosen any other item or deed of mine besides Cannabis and the harrassment would still have taken the same shape and form. 

Its this exact behavior that is repugnant and  most certainly not socially acceptable considering the enormous legal infrastructure in place to combat crimes as harrassment, extortion, blackmail...psychological crimes.

So, in my opinion, the Davis Judgment is effective in that it's changing minds. It's made using cannabis privately as normal as the right to eat lettuce. It's given us the opportunity to challenge the status quo confidently, and more importantly in a mature fashion on the legal fabric that governs our society. 

Leading up to legislated Cannabis use in South Africa, the battle between the two extremes on the scale; the propaganda sheep vs the free minds, will intensify.

The important thing is to not allow a back foot situation. Every time someone pushes, I will push back twice as hard. So should you.


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Offline Longee

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Re: Being active in defending your rights
« Reply #11 on: July 08, 2018, 02:05:19 PM »
Wow that is truelly insane. Well played on your side captain w@anker will get his karma. The "bilnde sjombok" strikes at the right time. What a low coward move getting the kids involved. Please keep up us updated.