Calling all South African Cannabis Legalisation Activists!!!
DEADLINE: Monday 17th March
URGENT ACTION NEEDED NOW!!
Declaration of recognition of the Dagga Culture, and Support of High Court Application 15793/13 Acton vs Minister of Justice and 2 others, Western Cape division, Cape Town.
Heads up!! Send YOUR SIGNED AFFIDAVIT (below), with a CERTIFIED true copy of your ID Book, via email to .
jeremyacton@gmail.com.
Read on:
On the 18th March in the High Court, Cape Town, the following application will be heard:
1. That the matters in the Montagu Magistrate’s Court, in which the applicant is the accused on charges of possession of dagga, be postponed until the outcome of a High Court application and/or action, and of possible appeals thereto, to be instituted by the applicant against the respondents, and other respondents, in which action the applicant challenges the Constitutionality of certain Provisions of the Illicit Drugs and Trafficking Act (Act No 140 of 1992), and in addition, certain provisions of the Medicines and Related Substances Control Act (Act No 101 of 1965) and in particular in so far as these Acts deal with the uses and possession of, and dealing in dagga, and the presumptions that arise in respect of possession thereof.
2. That unless the applicant institutes the aforesaid action within 60 days from date of this order, the order will automatically lapse and the respondents will be entitled to proceed with the criminal action against the applicant.
3. That unless the respondents oppose this application, the applicant will not ask for costs of this application against the respondents.
4. That the rights granted in the legal precedents cited in this application, which are claimed by the Applicant, and which are the right of all citizens, may be also extended by this order to enable the postponement of all cases involving citizens facing charges of possession of, or dealing in, dagga, in application of the right of citizens to equal benefit before the law, in terms of Section 9 Equality of the the Bill of Rights.
5. Further and /or alternative relief.
End of application.
The precedents cited in the application are:
Stobbs and Clarke vs. Minister of Justice and 2 others, Case 27601/2011 North Gauteng High Court , 19 July 2011. (www dot daggacouple.co.za)
Garreth Anver Prince and 2 others vs. Magistrate N.P. Venter N..O. and the Directorate of Public Prosecutions, Case Number 3298/13, WCHC ; 3rd May 2013
Garreth Anver Prince and 2 others vs. Magistrate McKenna, N.O. and the Directorate of Public Prosecutions, Case Number 20996/12, WCHC). 3rd May 2013
Ras Menelek Barend Abraham Wentzel vs Minister of Justice and 2 others, Case 8658/13, WCHC) 3rd September 2013
J. D. Rubin vs Minister of Justice and 2 others, Case 7294/12 6th February 2014.
The State is attempting to require that this be a class action to avoid granting the rights in Clause 4 to all citizens who face prosecution.
This can easily be fulfilled by submitting to the court the following signed document by members of the Dagga legalisation moment in support of the application, and in declaration of recognition of the Dagga Culture as a grouping:
Please print out, fill in and sign the statement below here for the rights of all, then scan and email to jeremyacton@gmail.com::
AFFIDAVIT
Declaration in Recognition of the Dagga Culture, and
the Equal Rights of its members, and
in support of the granting of Case 15793/13, High Court,
Western Cape Division, Cape Town.
I, (full name)_____________________________________________, with
ID number_________________________________do hereby on this
date, the _____________day of ____________________________, 2014
at (place) _____________________________________________ confirm that I am aware of the High Court application 15793/13 in the High Court, Western Cape Division, in Cape Town. Acton vs The Minister of Justice and 2 others), which reads:
“1. That the matters in the Montagu Magistrate’s Court, in which the applicant is the accused on charges of possession of dagga, be postponed until the outcome of a High Court application and/or action, and of possible appeals thereto, to be instituted by the applicant against the respondents, and other respondents, in which action the applicant challenges the Constitutionality of certain Provisions of the Illicit Drugs and Trafficking Act (Act No 140 of 1992), and in addition, certain provisions of the Medicines and Related Substances Control Act (Act No 101 of 1965) and in particular in so far as these Acts deal with the uses and possession of, and dealing in dagga, and the presumptions that arise in respect of possession thereof.
2 That unless the applicant institutes the aforesaid action within 60 days from date of this order, the order will automatically lapse and the respondents will be entitled to proceed with the criminal action against the applicant.
3 That unless the respondents oppose this application, the applicant will not ask for costs of this application against the respondents.
4 That the rights granted in the legal precedents cited in this application, which are claimed by the Applicant, and which are the right of all citizens, may be also extended by this order to enable the postponement of all cases involving citizens facing charges of possession of, or dealing in, dagga, in application of the right of citizens to equal benefit before the law, in terms of Section 9 Equality of the the Bill of Rights.
5 Further and /or alternative relief.”
(end)
and I do hereby confirm that
I recognize the clearly defined class of citizens mentioned in the application, namely all those who face prosecution or potential prosecution for the possession of, or dealing in, dagga, and
I recognise that all citizens who use Dagga constitute a class of citizens, and are a legitimate historically verified culture deserving of rights and recognition, and
That the members of the Dagga Culture may be known as the AmaDaggadagga, or as the Daggas, or any other non-derogatory name which expresses respect for the Dagga culture, or which the members of the of Culture may choose,
I confirm my full support for the granting of the …read more
