Constitutional Court Hearing Tue 7 Nov 2017

By |Published On: October 27th, 2017|

In March this year, the Western Cape High Court handed down a judgement that the prohibition of cannabis/dagga use in the privacy of the home to be unconstitutional. In his now much debated ‘privacy’ judgement, Judge Dennis Davis opened the door to the possibility of home cultivation and use and ruled that the State had two years within which to implement changes to the 1992 Drugs and Drug Trafficking Act concerning Cannabis.

The State Appealed the judgment in the strongest terms almost immediately.  The police doubled down.

Because the case between the State and Jeremy Acton, Ras Gareth Prince and others is a constitutional matter, the appeal has bypassed the Supreme Court Of Appeal in Bloemfontein and will be heard on Tuesday 7th November in the highest court in the land.

Both Jeremy and Ras Gareth will speak for themselves when the bench of 11 Judges begin their questions.

In an attempt to assist the Court in coming to a decision on the matter of cannabis legalisation, Fields Of Green For ALL have applied to the ConCourt be become Amicus. In this way, FGA, with Adv Don Mahon  representing, would be able to offer expert opinion in the matter.
Additionally, both Jules & Myrtle have requested the ConCourt to become co-applicants in the matter. In this way, and this is important, if successful in our application, we would be able to introduce Trial of the Plant evidence into court to assist the bench with their decision.

The State subsequently replied to our request in a blistering 88 page document objecting in no uncertain terms.

Today, the 25th October 2017, we have received notice from the ConCourt allowing Jules, Myrtle and Clifford to join the WCHC as co-plaintiffs. Now, that is extremely good news.

The hearing is set down for one day, and one day it will probably be. A long one. This is a far reaching judgement, and matters of such complexity have been known to go on late into the night.

The pioneering continues.

Consider joining us at the Constitutional Court. It is one of the great buildings of South Africa in its architecture and feel and is still a real bastion of democracy and impartiality in our country. These learned people are used to making big decisions and we are convinced they will make the right one of Nov 7th.

Join us as we take cannabis legalisation one step closer to reality.
See you in court!

Thank you to our FGA Affiliates who help to make our ongoing content creation possible!

Thank you to our FGA Affiliates who help to make our ongoing content creation possible!


About the Author: Jules Stobbs

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  1. […] follows on the heels of the South African case where the government successfully challenged a lower court’s decision to decriminalise the use of […]

    • Myrtle Clarke May 1, 2018 at 12:22 pm - Reply

      Fields of Green for ALL has left a comment below this article correcting the error in reporting as our government has NOT “successfully challenged” the WCHC case, the outcome of the Nov 17 appeal in the Constitutional Court is still pending. AND we are NOT calling for the decriminalisation of Cannabis, we are demanding the complete re-legalisation of Cannabis. The two are very different. So much misinformation out there that fills our inboxes with questions!

  2. suzu March 20, 2018 at 12:01 pm - Reply

    make it legal!!! and ban alcohol and cigarettes which cause all sorts of health problems! even death!

  3. Theo January 17, 2018 at 8:55 am - Reply

    When in 2018 will the trial continue?

  4. yolo November 26, 2017 at 7:39 pm - Reply

    Is it legal or not

    • Myrtle Clarke November 27, 2017 at 5:21 am - Reply

      Cannabis remains completely illegal in SA, for any use. Just wondering whether you even read any of our posts?

  5. Sandra October 28, 2017 at 1:18 pm - Reply

    That would be the best birthday present ever !!!

  6. Up rise October 28, 2017 at 9:25 am - Reply

    I haven’t smoked in years but it’s clear South Africa needs this victory. Between international supply opportunities and our own job creation, legal marijuana could make our country leaps and bounds closer to unity. It would be a crime to leave the laws the way they are now, and we should not even entertain that idea. Jules, Myrtle. Ras Gareth Prince and Jeremy Acton- you’re four voices for millions of people. We thank you for your work

  7. Tom le Roux October 28, 2017 at 8:43 am - Reply

    AWESOME news!!!
    It is Jules birthday on 7 November and he will probably get the best birthday present ever.

    Remember 7th of November
    The end is finally here.
    HUGE RESPECT for EVERYONE involved in the battle for LEGALISATION
    The Dagga Couple
    Iqela Lentsango: The Dagga Party of South Africa

  8. Haroun Kola October 27, 2017 at 4:03 pm - Reply

    Give em heaven..

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