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Rastafarian lawyer launches challenge to dagga laws

Publish date: 09 July 2013
Issue Number: 3312
Diary: Legalbrief Today
Category: Litigation

Rastafarian lawyer Garreth Prince is challenging the legislation that outlaws dagga, notes a report in The Mercury.

In an application lodged at the Cape Town High Court, Prince asks for certain sections of the Drugs and Drugs Trafficking Act, the Medicines and Related Substances Act and the Criminal Procedure Act to be declared invalid. He is also asking for a moratorium on all arrests for the use, possession, cultivation or transportation of small amounts of dagga - for personal use - should Parliament be ordered to 'correct' the impugned provisions; that the Director of Public Prosecutions hold back on all pending dagga-related criminal proceedings during the suspension period; and that Correctional Services to assist all prisoners jailed for the possession, cultivation, transportation and dealing in small amounts of cannabis in securing their release. The report says Prince faces criminal charges in the Khayelitsha Regional Court for dagga possession, dealing and cultivation. His wife and daughter are his co-accused. But the report adds the High Court has granted a stay of the pending criminal proceedings against them while Prince launches his constitutional challenge. Full report in The Mercury (subscription needed)