“An order of the kind sought by Acton had the potential to bind not only citizens whose cases were pending in the magistrate’s courts but also those who might still face charges or were arrested over dagga.
“This is so because every time a person is arrested his or her case would have to be stayed pending the outcome of the constitutional challenge,” her judgment said.
“Some of these citizens might want to have their cases speedily dealt with. Some might wish to challenge the charges for reasons different to those of the applicant (Acton).”
The DC’s legal team had this to say:
“I would not be discouraged by this. All that it says is that Jeremy didn’t make out a good enough case for the granting of the sought relief. Unfortunately, our courts are not inquisitorial and it is not for them to ask the questions of Acton that would have bolstered his case. Between the lines of the judgment lie hints as to the shortcomings in his submissions and arguments and those can be used to bolster the next application.”
Court rejects Dagga application – Cape Times | IOL.co.za
An application to stay the prosecutions of people facing dagga-related charges was dismissed in the Western Cape High Court today. …read more