Share

Dagga can be used in the home, Western Cape High Court rules

Cape Town – The Western Cape High Court has made a landmark ruling, declaring that it is an infringement to ban the use of dagga by adults in private homes.

In making the ruling on Friday, it has allowed for the possession, cultivation and use dagga at home, for private use.

It has also ruled that Parliament must change sections of the Drug Trafficking Act, as well as the Medicines Control Act.

It has 24 months to do so.

The successful application to decriminalise dagga was driven by Dagga Party leader Jeremy Acton and Rastafarian Garreth Prince who argued on December 13 and 14 last year for the decriminalisation of the herb.

Acton, Prince, and 18 plaintiffs applied to the court for the Criminal Prohibition of Dagga Act (sections 4b and 5c), read with certain sections of Part III of Schedule 2 of the Drugs and Drug Trafficking Act, to be declared unconstitutional.

Those sections make it a crime to possess a drug, unless it is for a variety of medical reasons. The Drugs and Trafficking Act defines what constitutes a drug.

They are also challenging the Medicines and Related Substances Act.

They submitted that the laws prohibiting dagga use are unfair, discriminatory, outdated, and applied disproportionately to black users.

The two have been helping people arrested for possession of dagga by obtaining a stay of prosecution, pending the outcome of their application.

Prince was arrested for possession of dagga in 1989, while a law student at the University of the Western Cape.

He paid a R60 fine and thought that was the end of it. When he graduated and applied to the Cape Bar to be admitted as an attorney, he was rejected because of the dagga conviction, and because he refused to apologise for it.

To Prince, using dagga was a religious choice as a Rastafarian. He unsuccessfully brought an application to the Constitutional Court to have it decriminalised for religious purposes.

He became a community legal adviser, but was arrested again in 2012 for growing dagga in his garden in Kraaifontein.

We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Voting Booth
Should Siya Kolisi keep the captaincy as the Springboks build towards their World Cup title defence in 2027?
Please select an option Oops! Something went wrong, please try again later.
Results
Yes! Siya will only be 36 at the next World Cup. He can make it!
25% - 1161 votes
No! I think the smart thing to do is start again with a younger skipper ...
30% - 1357 votes
I'd keep Siya captain for now, but look to have someone else for 2027.
45% - 2066 votes
Vote
Rand - Dollar
18.97
-0.1%
Rand - Pound
24.08
+0.1%
Rand - Euro
20.61
-0.1%
Rand - Aus dollar
12.37
+0.4%
Rand - Yen
0.13
+0.5%
Platinum
906.50
-1.8%
Palladium
1,010.52
+0.4%
Gold
2,157.07
-0.2%
Silver
24.99
-0.2%
Brent Crude
86.89
+1.8%
Top 40
66,032
-0.3%
All Share
72,214
-0.3%
Resource 10
53,305
-0.0%
Industrial 25
99,838
-0.6%
Financial 15
16,604
-0.1%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE