Legal strategist Charl Botha, who’s H3 Legal Solutions represents a number of community-based cannabis organizations, has written to the DTIC to express his “deep concern” over its approach to public consultation. His letter, sent on 20 July 2025, says the current process is exclusionary, lacks transparency and is “procedurally inadequate for a policy that will shape an industry with profound social, cultural, and economic implications.”
He said that the DTIC had told Parliament that it was conducting plans to “initiate broader industry engagement only after finalizing internal policies”.
Botha said the DTIC had appeared to have quietly consulted certain stakeholders in the cannabis industry on commercialization but had not yet publicly laid out its approach.
“Our network, which represents communities directly affected by cannabis law reform, has not been invited to participate in any consultations. We are unaware of any public process, criteria, or mechanism governing stakeholder selection which raises critical questions:
• Who has the DTIC consulted thus far in developing the cannabis commercialisation framework?
• What criteria were used to select these stakeholders?
• What mechanisms are in place to ensure transparency, participation, and feedback?
• When will inclusive consultations begin, particularly with rural farmers, informal producers, traditional and Indigenous healers, patient advocacy groups, and township cooperatives?”
Botha says that given the historical marginalization of communities criminalized for cannabis-related activities, the “DTIC’s limited engagement—while claiming to represent ‘industry’—risks perpetuating exclusion under the pretext of policy development”.
He said that for the National Cannabis Master Plan’s goals of inclusive economic participation, transformation, and rural development to be realized, “it must be rooted in open, representative, and participatory processes.”
“Our network has submitted over seventeen letters, memoranda, and proposals to the DTIC and other government entities, seeking dialogue and offering insights. None have received meaningful responses, despite public indications that policy development is advancing rapidly.
We respectfully call on the Honourable Minister and the DTIC to take immediate action to address these concerns:
• Disclose Consulted Stakeholders: Publish a comprehensive list of individuals, organizations, or entities consulted in the development of the cannabis commercialisation framework.
• Clarify Selection Criteria: Provide a clear explanation of the process and criteria used to select stakeholders, including how representativity across diverse constituencies has been ensured.
• Launch Inclusive Consultations: Initiate a formal, transparent, and public consultation process that prioritizes meaningful inclusion of:
o Traditional cannabis growers and community cooperatives
o Indigenous knowledge holders and traditional health practitioners
o Small- and micro-enterprises in the cannabis sector
o Patient advocacy and health access groups
o Youth- and women-led cannabis initiatives
• Establish a Timeline: Announce a clear timeline for the commencement of these consultations to ensure broad participation.
Botha said the H3 Network did not seek preferential treatment: “we seek recognition as legitimate stakeholders with historical and contemporary ties to cannabis. The communities we represent—many of whom have borne the brunt of prohibition—deserve a central role in shaping an industry that promises economic transformation and restorative justice.”
“A framework developed in isolation, with only a select few stakeholders, risks prioritizing corporate interests over the needs of small-scale farmers, traditional healers, and marginalized communities. Such an outcome would undermine the transformative potential of cannabis reform in South Africa” he said.
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