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 Activists who include members of the Rastafarian movement and
traditional healers greeted the ruling with loud applause. They have
held marches over the years to demand that the law be changed to
allow people to smoke 'weed', which is called 'dagga' in South
Africa.
Several government departments, including the health and justice
ministries, oppose its legalization and warn of harmful effects.
But in a unanimous judgment read by Deputy Chief Justice Raymond
Zondo, the Constitutional Court decriminalized home consumption,
saying "the use of cannabis must be for the personal consumption of
the adult". The ruling also approved growing marijuana for personal
consumption.
Rastafarian Garreth Prince and former Dagga Party leader Jeremy
Acton brought the case asking the High Court to allow for the home
use of marijuana.
Jules Stobbs and Myrtle Clarke‚ known as the "Dagga Couple", joined
the case, and asked the court to strike down laws banning the use‚
cultivation and sale of marijuana.
He added that it would not be a criminal offence for an adult person
to use or be in possession of cannabis in private for their personal
consumption in private.
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However, the judgement did not specify the amount that can be used
by an adult in private use.
"This must be determined by parliament," he said.
Parliament is now expected to amend the laws that criminalize
cannabis following the court ruling.
Activists had argued that the criminalization of dagga use and
possession is a violation of the right to equality, dignity, and
freedom of religion.
There was no immediate comment from the departments over the
country's top court ruling on Tuesday.
(Reporting by James Macharia; Editing by Matthew Mpoke Bigg)
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