Daily Dispatch

If caught with dagga, apply for stay of prosecutio­n

- KATHARINE CHILD

People arrested for possession of dagga should be advised by their legal representa­tive to apply for a stay of prosecutio­n pending the Constituti­onal Court judgment on whether laws banning dagga use at home are unconstitu­tional, a legal expert said.

Constituti­onal lawyer at Shepstone and Wylie, Nerisha Besesar, also cautioned that people be careful when signing an admission of guilt.

“In many instances, people who are charged criminally end up signing admissions of guilt without realising that they will then have a criminal record.”

The ban on the private use of dagga was found by the Western Cape High Court to be unconstitu­tional but this March 2017 judgment needs to be approved or rejected by the Constituti­onal Court.

The case was heard in the Constituti­onal Court in November but judgment has still not been made.

Meanwhile, the so-called dagga couple, Jules Stobbs and Myrtle Clarke, have managed to help 90 people obtain a stay of prosecutio­n for possession of, or dealing in dagga, with the latest granted in the Johannesbu­rg high court last week.

A stay means people cannot be prosecuted for dealing in or using marijuana until Clarke and Stobbs’s legal challenge is complete.

The couple are asking the Pretoria court to strike down all laws banning the use, cultivatio­n and sale of marijuana for recreation­al and medical use.

They were arrested in 2011 for dealing and possession after police raided their home, which is built in a grain silo near the Lanseria airport.

Their argument in the high court is that the laws banning dagga are irrational and do not serve the purpose of reducing the use or abuse of marijuana, and that the initial ban of dagga was a racist, colonial law.

Clarke and Stobbs’s high court case will not resume until the Constituti­onal Court judgment is made.

If the Constituti­onal Court rules that laws banning dagga use are unconstitu­tional, thus legalising dagga use, the pair may not need to return to court, their lawyer explained.

the couple have managed to help 90 people obtain a stay of prosecutio­n

Newspapers in English

Newspapers from South Africa