Less than one in six drug prosecutions led to conviction, government data shows

Government figures show a tiny fraction of drug prosecutions result in convictions, and many cases are withdrawn a trend that campaigners say underlines calls to treat personal drug use as a social, not primarily criminal, matter.

Key figures from the justice ministry

The justice and constitutional development ministry told parliament that the National Prosecuting Authority (NPA) enrolled 87,867 drug-related cases over the last three financial years. Of those enrolments, 13,234 resulted in a successful prosecution.

The ministry also reported that 41,524 drug-related cases were withdrawn during the same period.

Withdrawals concentrated in the Western Cape

The ministry said the Western Cape accounted for a quarter of withdrawn cases 23,125 withdrawals. Of those, only 602 were discharged under section 174 of the Criminal Procedure Act, which addresses, in part, the prosecution’s duty to provide sufficient evidence.

Who records what, and why cases are withdrawn

The justice ministry said the NPA does not keep statistics on arrests or the reasons for withdrawals, because that is the role of the South African Police Service (Saps).

In its own written parliamentary response about the Western Cape, the police ministry rejected the idea that withdrawals reflected police lapses and said:

“No cases were withdrawn as a result of poor investigative work, incomplete dockets, failure to appear in court, or any other lapses on the part of the Saps. The dockets were withdrawn by prosecutors on the basis that, in their opinion, the quantities of drugs involved rendered the matters trivial.”

Activist coalition calls for a humanitarian approach

Multiple activist groups campaigning for the decriminalisation of drug use and possession for personal use have united as the Vusubuntu Coalition. The coalition and its supporters argue for a less punitive approach to recreational drug use while keeping supply and trafficking offences criminal.

Charne Roberts from the South African Network of People who Use Drugs (Sanpud) described the coalition’s aim:

“People who use drugs are our sons and daughters, parents, partners, friends and neighbours. They deserve care, compassion and the chance to live healthy and meaningful lives. The coalition brings people together to build solutions that strengthen families, protect human rights and create safer and more inclusive communities.”

The coalition made clear that decriminalisation did not mean legalisation, saying the “supply, trafficking and sale of drugs, especially to children, should remain serious crimes.”

Legal and constitutional arguments

Lawyers for Human Rights representative Nyeleti Baloyi linked the debate to constitutional obligations, saying:

“The Constitution requires that laws which infringe privacy, dignity, equality and access to healthcare be revisited. Decriminalisation of personal use is the logical extension of the Constitutional Court’s jurisprudence.”

Calls to refocus criminal-justice resources

Vusubuntu spokesperson Charity Monareng questioned whether current laws were achieving their aims and urged a different approach. Monareng said:

“Criminalisation was intended to protect society. The evidence shows it has not: people are not safer, communities are not healthier, and children are not better protected. The alternative is not doing nothing, it is adopting a more effective response that protects families, restores dignity, and allows criminal-justice resources to focus on violent and predatory crime that causes the greatest harm.”

These figures and statements were published in a report to parliament and reported on 8 July 2026.