Personal dagga use decriminalised
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”.