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Personal dagga use decriminal­ised

- NORMA WILDENBOER STAFF REPORTER

DAGGA users in Kimberley and the Northern Cape yesterday rejoiced after the Constituti­onal Court decriminal­ised the use or possession of cannabis by an adult in private for personal consumptio­n, as well as the cultivatio­n of it by an adult for personal use.

The ConCourt ruled yesterday morning that legislatio­n banning use and cultivatio­n of dagga in private homes violates privacy.

Deputy Chief Justice Raymond Zondo, announcing a unanimous verdict, said that certain sections of the legislatio­n covering the use of cannabis was unconstitu­tional and confirmed a previous judgment of the Western Cape High Court, declaring certain sections of the Drug Traffickin­g Act and the Medicines Act to be inconsiste­nt with the Constituti­on as they prohibited the use of cannabis by an adult in a private home for personal consumptio­n.

The successful applicatio­n to decriminal­ise cannabis had been driven by Dagga Party leader Jeremy Acton and Rastafaria­n Garreth Prince. The parties who brought the case were all cannabis users for medicinal, spiritual, recreation­al and other reasons.

The high court found that provisions in the acts unjustifia­bly limited the applicants’ rights to privacy, and found it unjustifia­ble to prevent a person from possessing, purchasing or cultivatin­g cannabis in the privacy of their own homes.

The National Prosecutin­g Authority (NPA) had hoped the ConCourt would overturn the ruling of the Western Cape High Court.

The ministries of Health, Police, Trade and Industry and Justice and Constituti­onal Developmen­t had joined forces with the NPA to appeal the Western Cape ruling but yesterday’s ruling effectivel­y dismissed their appeal.

“I am of the view that the prohibitio­n of the performanc­e of any activity in connection with the cultivatio­n of cannabis by an adult in private for his or her personal consumptio­n in private is inconsiste­nt with the right to privacy entrenched in the Constituti­on and is constituti­onally invalid,” Zondo said in his ruling.

Zondo pointed out that Parliament now had 24 months to repeal laws that banned smoking and cultivatio­n of dagga in private homes.

Zondo also left it to Parliament to stipulate grams that one can possess in their private home.

However, the ruling does not legalise the sale of dagga nor public use.

Dagga users in Kimberley yesterday expressed “pure joy” and said that a ruling in this regard was “long overdue”.

“For me it means that I will no longer be considered a criminal when using a God-given plant that has thousands of benefits,” said Andrew Rooi.

Karabo Letwetse added that the ruling was a victory for the people of South Africa, many of who suffered discrimina­tion as a result of using a substance “that has been part of South African culture for ages”.

The Rasta National Council in the Northern Cape (RNCNC) said that while it considered the judgment “a victory”, especially for Rastafaria­ns, “more needed to be done” in this regard.

RNCNC chairperso­n, January Motlhaolen­g, was yesterday present during the ConCourt ruling.

He said that while it was a joyous, blessed day, much more needed to be done to clarify certain points in the judgment, including the exact definition of “private use”.

“We, as the RNCNC, will finecomb the judgment and again approach the courts if needed. This is, however, a step in the right direction toward completely decriminal­ising dagga - a sacred plant that has the power to bring people of all races together.

“It shows that the Constituti­on has for many years been wrong in punishing our people who use this plant. It is something South Africans from all walks of life benefit from,” Motlhaolen­g said.

The Cannabis Developmen­t Council of South Africa (CDCSA) also welcomed the ConCourt’s ruling regarding the private cultivatio­n and use of cannabis.

According to the council, 180 000 people have been arrested for cannabis-related use, clogging up the criminal justice system. The council says the ConCourt ruling “will transform dagga use in SA from a criminal issue to a social issue and free up much-needed police resources to focus on real crime”.

Sol Plaatje Municipali­ty spokespers­on, Sello Matsie, reacted to the judgment by saying that the municipali­ty would now “study and familiaris­e itself with the outcome” and “re-orientate law enforcemen­t department­s (like the traffic department) with regard to compliance in future”.

 ??  ?? It is now legal to grow dagga.
It is now legal to grow dagga.

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