The Constitutional Court has found that the ban on the private use and cultivation of dagga is unconstitutional.
The unanimous judgment decriminalises adults smoking dagga at home and growing enough marijuana for personal consumption.
But the highest court in the land said clearly marijuana was not allowed to be smoked publicly.
Dealing is still illegal.
There were scenes of jubilation in court as the judgment was handed down.
One man screamed “Babylon” while others clapped and screamed.
The Constitutional Court was confirming the 2017 Western Cape high court judgment by Judge Dennis Davis that found a ban on the use of dagga at home was against the constitutional right to privacy.
Rastafarian Garreth Prince and Dagga Party leader Jeremy Acton brought the case.
Multiple government departments appealed and wanted dagga use at home to remain criminalised.
The court accepted medical studies that showed alcohol caused more harm than dagga and that there was little data to show that criminalising dagga reduced harmful use.
Parliament has two years to amend the relevant laws.
"We are free", this man shouts. "After thousands of years. Rastafarai…. We are free!!!! " pic.twitter.com/51J5VNDibW
— Katharine Child (@katjanechild) September 18, 2018
In the meantime‚ the court specified it has granted interim relief that allows personal use at home.
JUDGMENT: The criminal prohibition of possession, use or cultivation of cannabis by an adult person for personal consumption in private is an infringement of the right to privacy of an adult person and constitutionally invalid. (Minister of Justice v Prince) pic.twitter.com/IwA35T4QE7
— Constitutional Court (@ConCourtSA) September 18, 2018
Justice Raymond Zondo said he took into account international law allowing the private use of dagga at home.
“We are free‚” shouted one man.
“After thousands of years. Rastafarai … We are free!!!!”
South Africa’s “dagga couple” – Jules Stobbs‚ 59‚ and Myrtle Clarke‚ 51 – who have spent years fighting to legalise the use of dagga for adults posed for a celebratory photograph.
Literally, you can smoke weed at home tonight.
A man screams "Babylon" in court. There is so much applause and the court is being very patient with all the interruptions and noise and cheers.
— Katharine Child (@katjanechild) September 18, 2018
The couple‚ who flew to Johannesburg for the judgment‚ had on Monday evening urged dagga users in Port Elizabeth to “puff their very last illegal joint” ahead of the landmark ruling.
They were friends of the court in this matter.
Source: The Citizen
