ConCourt hears arguments for and against private dagga use

IT is up to the highest court in the land‚ the Constitutional Court‚ to decide if people can light up a joint in the privacy of their own home.

This follows the Western Cape High Court’s decision in March that the laws banning the private use of dagga in a person’s home were unconstitutional and its order for parliament to remake laws governing the cultivation and private use of dagga within two years.

The case was brought by Rastafarian and lawyer Garreth Prince‚ Jeremy Acton of the Dagga Party and others‚ who also want police arrests to be declared unconstitutional. The state is appealing against the decision. Yesterday, the Constitutional Court was unusually colourful, with lawyer Prince representing himself in his own case in his flowing robes and many traditional healers all dressed in red and holding balloons.

Moments of humour broke out when Acting Chief Justice Ray Zondo asked a legal question about whether 20mg was a reasonable amount of dagga for private use.

Advocate Thomas Bokaba, for the state, told the court why the government believed it had a right to limit the use of dagga.

He said smoking dagga increased crime‚ affected the poor and vulnerable the most‚ and caused mental illness and psychosis.

Bokaba said if people smoked in their homes‚ there would be enormous pressure on drug treatment facilities.

Bokaba was unable to answer repeated questions from Justice Mbuyiseli Madlanga on how legislators could decide to allow alcohol, which was harmful, but to ban dagga.

Because Prince and Acton are both representing themselves‚ the court asked lawyer Ron Paschke to present evidence as an intervening party.

“The evidence the state has provided has been inadequate,” Paschke said.

He said the state had not provided evidence that banning dagga helped mitigate its harm or reduce its use. – TimesLIVE