National directive on sterile needles will save lives

NACOSA is pleased to announce that, after successful engagements with the South African Police Service, a national directive to stop the confiscation of sterile needles and syringes has been signed by the Divisional Commissioner and issued to all police stations. This means that police have been directed not to confiscate harm reduction packs, including sterile needles and syringes, distributed by NGOs to people who use drugs to prevent the spread of HIV and other blood-born diseases.

NACOSA reported to SAPS that as many as 263,224 life saving needles and syringes have been confiscated from people who use drugs since April 2022, directly contravening their constitutional right to healthcare services (Section 27 (1)(a)). Harm reduction services, such as needle exchange programs and opioid substitution therapy, fall within the scope of essential health care services aimed at preventing disease and promoting public health. Thus the state at all levels, has a constitutional duty to provide and protect access to harm reduction services as part of its broader obligation to ensure access to health care. Harm reduction services are supported by the Department of Health and the South African National AIDS Council as a critical public health intervention.

The Directive explains:

Recognising that substance abuse has a negative effect on individuals, families, communities and society at large, the SAPS is required to support the human rights based approach to dealing with substance abuse.”

It directs SAPS members “not to unnecessarily confiscate needles and syringes as this may have a negative impact and unforeseen consequences, particularly to people who have medical conditions that require them to use or possess needles and syringes.”

NACOSA commends the South African Police Service and the Central Drug Authority (CDA) for their support and leadership in realising this National Directive, which demonstrates a clear commitment to protecting the constitutional rights of one of our most marginalised communities.

Police will no longer be permitted to harass or detain people who have sterile needles and syringes on them, on suspicion of drug paraphernalia. This is a significant step forward for harm reduction and will save lives by reducing the sharing of needles and supporting people who use drugs to get their lives back on track.