A Rehabilitative South African Criminal Law Response to Nyaope, Drug Addiction: - A Recommendation for Health Oriented Nyaope Drug Weaning

Abstract

Introduction Many South African youths are exposed to Drug abuse due to stress related experiences. Research regarding prevalent abuse of new designer drugs such as Nyaope in South Africa, shows that, Nyaope abuse has led to the escalation of drug abuse. Drug abuse is thus a major problem second to AIDS epidemic in South Africa. To remedy this problem South Africa sought a solution in Criminal Law amongst other attempts. The current South African Criminal Law remedy against drug abuse is punishment through direct imprisonment. This approach has not healed the drug abuse situation and yields no hope for drug addicts' rehabilitation. This article suggests what should be done with the hope to expose possible positive rehabilitation of drug abusers as opposed to punishing them without healing them. The study is intended to help with suggestion for early interventions for current and potential Nyaope drug abusers. Based on the substance abuse prevention objective ensconced in the South African prevention of substance abuse Master Plan, this article suggests ways in which the problem of Nyaope drug abuse among South African youth can be remedied. It anticipates a health-oriented approach in rehabilitating Nyaope addicts. It draws examples from available non-academic literature on Nyaope abuse in South Africa. Mindful that few law specific articles and books related to Nyaope abuse are available, the article draws legal perspectives on Nyaope abuse from a few on-line reported cases. It refers to newspaper's comments, conference proceedings and online-published audio media debates containing conversations by public and Nyaope addicts. All the information of focus concerns the scourge of Nyaope in several metropolitan areas in South Africa. The article draws from these discussions information that it uses to analyse the impact of legislative criminalisation of Nyaope drug abuse. It finds out if criminalisation of Nyaope designer drug tallies with the objective of South African Master Plan for curbing substance abuse.