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Minister of Justice and Consti

Publish date: 19 September 2018
Issue Number: 4548
Diary: Legalbrief Today
Category: General

Minister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others [2018] (CCT 108/17) ZACC 30

Sections 4(b) and 5(b) of Drugs and Drug Trafficking Act 140 of 1992 read with Part III of Schedule 2 of that Act and section 22A(9)(a)(1) of the Medicines and Related Substances Control Act 101 of 1965 inconsistent with section 14 of the Constitution to the extent that they criminalise the use or possession in private or cultivation in a private place of cannabis by an adult for his or her own personal consumption in private. Interim relief – reading-in order of invalidity granted but suspended for 24 months and interim relief granted.

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