Bid to legalise dagga postponed
AN APPLICATION to legalise dagga was postponed in the Western Cape High Court yesterday to allow medical and legal experts to testify about the pros and cons of the issue.
Judge Dennis Davis said the social consequences of legalising dagga needed to be argued in court. The matter could be settled after expert opinions had been gathered.
In the run-up to the next appearance, Judge Davis said he would “meet various institutions for expert opinions for admissible evidence. There is medicinal use and drug culture to consider here”.
The application was brought by Garreth Prince, who has a legal qualification but is not an admitted attorney. Since Prince also has previous dagga-related convictions, his criminal record prevented him from adding his name to the roll of admitted attorneys from the Cape Law Society in 2002.
The State is opposing the application, saying there is no supporting expert evidence on why dagga should be decriminalised.
Prince wants sections of the Drugs, Medicines and Related Substances Act and the Criminal Procedure Act to be declared invalid so that dagga can be used for religious purposes.
The ministers of Justice and Constitutional Development, Health, Police, Trade and Industry and the Directorate of Public Prosecutions are respondents in the matter.
The court was packed with Rastafarians yesterday. At times Judge Davis interrupted Prince.
“Do not risk your case by pushing for a legalisation of dagga without supporting evidence,” he warned. “You are asking for this court to have certain sections of legislation declared invalid for decriminalisation of dagga. We need to get admissible evidence.”
Prince said: “We want justice. We have waited for years to have dagga decriminalised. The courts are very antagonistic when it comes to the legalisation of cannabis…”
Judge Davis brought the State counsel in for his opinion. The counsel agreed there was no supporting expert evidence.
Judge Davis asked Prince: “What harm would it do to wait another three to four months? I have no supporting evidence before me. We have to consider social consequences.”
Prince based his argument on the Medicines and Related Substances Act and Section 40 of Act no 51 of 1977 of the Criminal Procedure Act.
Speaking after the case had been postponed, Prince said: “It would be wise for us to exercise caution. He felt we do not have expert evidence and we argue from the experience of dagga use as Rastafarians.”
Jeremy Acton, leader of the now defunct Dagga Party, said he acknowledged the judge’s concerns. However, he said: “Criminalisation of dagga is overstepping the Constitution. I object to its criminalisation. The police must stop checking how much dagga is planted where.” michael.nkalane@inl.co.za
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