DAGGA PARTY CHALLENGES DRUG BAN
Mass action in front of the Cape Town High Court by the Dagga Party has called for the judiciary to postpone all dagga-related cases, as the party challenges the drug’s ban.
A number of cases have been paused over the past year as the State is called upon to justify the legislation banning the drug, says party leader Jeremy Acton. He believes a precedent has been set and a temporary stay must now be offered across the county until the cases which challenge the constitutionality of dagga prohibition are finalised.
The application does not seek to prevent arrests by the police, Acton says, as the dagga laws must still be changed.
“This will grant ordinary people equal rights to those who have been given the right to stay their prosecutions, thus citizens’ rights are upheld. It will instantly reduce the massive costs of prosecutions in the courts, but may – if the prohibition is not overturned – lead to a backlog which may have to be caught up with later,” he says.
Jacques Sibomana, spokesperson for the National Institute for Crime Prevention and the Reintegration of Offenders, is concerned the national stay could cause a backlog at courts.
“It will affect the court roll. People will be kept in limbo, not knowing whether or not the prosecution will continue. Some cases may fall through the cracks and dockets will get lost. It will be an administrative nightmare,” he says.
However, Acton says the stay will not cause hassle.
“I do not foresee any harm to society arising from the granting of the order, but I do see a lessening of harms and costs to society in the immediate and long term, which arise from the prohibition, and which are substantial. Prosecution for cannabis is more damaging to anyone than the cannabis itself,” he says.
The stay will impact on police officers, Sibomana warns.
“Police will become very demoralised as there will be no logical conclusion to their hard work and consequently they will start ignoring these transgressions,” he frets.
However, Acton says the police would have to continue arrests under their constitutional mandate.
“If this order is granted tomorrow, prosecutors nationwide could instruct the police to only concentrate on cultivation, and larger quantities, but to confiscate smaller amounts without charging the person. That would minimise harms for the ordinary user,” he says. “This should maintain a balanced legal situation while the future of dagga is considered in the courts.”
Sibomana suggests tackling dagga-related cases through a different approach.
“We do not believe in sending people to jail, and giving them a criminal record for these lifestyle transgressions, is effective. One needs behaviour change programmes, non-custodial responses and programme interventions which concentrate on awareness, education and behaviour change therapies,” he says.
Acton hopes the stay will herald a change in the county’s legislation.
“We are in a process of change in South Africa regarding attitudes towards dagga, especially since the truth about dagga as a medical, nutritional, industrial and energy resource has become known. A granting of this application will be a massive lifting of the oppression being faced by thousands daily, and really set the stage for legalisation and regulating of dagga for the public benefit.”
– People’s Post
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Dagga Party challenges drug ban
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Mass action in front of the Cape Town High Court by the Dagga Party has called for the judiciary to postpone all dagga-related cases, as the party challenges the drug’s ban…. …read more
