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Article compiled by: White Nation correspondent Cape Town – April 01 2017
SOUTH AFRICA– FAILED LAND OF COMMUNIST ANC ORGANIZED CRIME ,LIBFARTS, UNION CHAOS , MISDIRECTED RAINBOW MONKEYS – AND WHITE GENOCIDE
THE WESTERN CAPE HIGH COURT has ruled that it is an infringement to ban the use of cannabis by adults in private homes. According to a report by News24, the ruling allows for the possession, cultivation, and use of Cannabis 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,” stated at the report. This must be done within 24 months. The ruling comes after Dagga Party leader Jeremy Acton and Rastafarian Garreth Prince applied to the court to decriminalize marijuana. “They submitted that the laws prohibiting dagga use are unfair, discriminatory, outdated, and applied disproportionately to black users,” stated the report.
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They submitted that the laws prohibiting Cannabis use are unfair, discriminatory, outdated, and applied disproportionately to black users. The two have been helping people arrested for possession of Cannabis by obtaining a stay of prosecution, pending the outcome of their application. Prince was arrested for possession of Cannabis 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 Cannabis conviction, and because he refused to apologize for it.
To Prince, using Cannabis a was a religious choice as a Rastafarian. He unsuccessfully brought an application to the Constitutional Court to have it decriminalized for religious purposes. He became a community legal adviser, but was arrested again in 2012 for growing Cannabis in his garden in Kraaifontein.
Gareth Prince said: “Although the Western Cape High Court made the finding today, our law requires that this finding will still have to be confirmed by the Constitutional Court. So obviously, we would have to go back to the Constitutional Court for a confirmation hearing. But we believe that it’s a slam dunk, it was a unanimous decision made here at the Western Cape court. Three judges declared the law to be unconstitutional.”
Prince added that they may ask for variations on some of the orders in the judgment. “Technically speaking, it will only happen from the day that the Constitutional Court make the judgment. In the 24 months leading up to that now … basically they say if the police catch you, then you will be able to offer a defense that you possess the cannabis for personal reason. It’s not all that we are for, we might ask for a variation of that particular order.” The application to decriminalize the drug was brought to the courts by the Dagga Party and Prince. The ruling has been met with both humor and joy by people commenting on social media. The question now is : What is going to happen if the CC approves it- what about the thousands of people sitting in jail already for the possession of Cannabis….will they be reprieved?
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