The dagga couple

EVERY day throughout this province and throughout the country as a whole, innumerable miscarriages of justice occur. Users of cannabis (“dagga”) are submitting to criminal prosecution and sentencing that they could avoid, or at very least defer, if they and their lawyers were properly informed.

The North Gauteng High Court is currently hearing the “Dagga Couple” case, which challenges the constitutionality of cannabis prohibition. The crux of their argument is that the law is irrational and that it serves no legitimate purpose since cannabis is less harmful and less addictive than tobacco and alcohol, both of which are legally available.

The case has been judged to have sufficient merit that subsequent cannabis-related prosecutions have already been stayed by a high court order pending the outcome of the “Dagga Couple” action. In fact there are now over 40 magistrate’s court cases on hold having been stayed by high courts in the Eastern Cape, Western Cape, North Gauteng and KwazuluNatal. Clearly all attorneys are dutybound to advise their clients about the remedies available to them and where cannabis charges are concerned a stay-of-prosecution is obviously the best bet. The Cape Law Society has recently referred the matter to its Criminal Law Committee with a view to disseminating appropriate advice to its members. This should help to ensure justice for all those charged with this anachronistic, victimless “crime”.

In the meantime, free information and advice is available from The Dagga Couple or from The Dagga Party or from stephen.pain@ppf.co.za. Stephen Pain Riversdale