The following is taken from the Directorate of Public Prosecutions’ (2nd Respondent) Heads of Argument against Mr Acton’s Application for a nationwide Stay of Prosecutions:

“The South African government has opposed Mr Acton’s action on the following basis

– the ban on cannabis is constitutional and it serves a legitimate government purpose;

– it is incorrect to say that there is a total ban on cannabis. Currently, the Medicines Act permits the use of cannabis for medicinal purposes under the supervision of medical professionals as well as the prescription of cannabis for use off the premises of a hospital (Section 22A);

– cannabis is a hallucinogen, the extended use of which may cause psychiatric, social and health problems;

– government is obliged to protect its citizens against harmful substances;

– South Africa is part of the global war on drugs, and as a signatory to various international instruments and as a Single Convention on Narcotic Drugs, 1961, as amended, the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.” …read more