This article is updated from 24 August 2024.
We would like to remind everyone that, despite The Haze Club reaching an out-of-court settlement with the State last year, Fields of Green for ALL’s Amicus Curae Affidavit remains the definitive legal argument for Dagga Private Clubs in South Africa. It remains a challenge to have this sustainable, evidence-based model recognised by those who are making decisions at the top, but we will persevere!
Note that the “Dagga Private Club” (DPC) is our preferred term, but this model can apply to any PRIVATE Association, Collective or Group.
Thanks to EVERYONE who supports our work!
We have it all laid out through our strategic involvement in The Haze Club case. Legal uncertainty continues to reign supreme over what constitutes “dealing” when it comes to Dagga Private Clubs in South Africa. Cannabis is out of the Drugs Act but we still have a way to go in fighting for the legal regulation of our clubs.
Please use the chronology of The Haze Club case to understand where we are, share it with your lawyers, talk to our lawyers, stay safe and Know Your Rights!
As we have seen in the Labour Court of Appeals, it takes litigation to get legal certainty. No employee can be dismissed for testing positive for Cannabis in their system. Impairment has to be proved. There is a court order, confirmed by the Constitutional Court and this can no longer be challenged by politicians or big corporate bullies. We are on a mission to do the same for our DPCs (and Cannabis Culture).
Let’s keep supporting Strategic Cannabis Litigation by joining our Dagga Private Clubs Project (we still have huge legal bills to pay) and supporting Neil personally on his Back-a-Buddy page.
After the case was dismissed by the Western Cape High Court, The Haze Club appealed to the Supreme Court of Appeal. Both parties then submitted their Heads of Argument:
Appellants Heads of Argument PDF
Likewise, here at Fields of Green for ALL, we are looking forward to legal certainty around Private Clubs, or “Grow Clubs” as they are referred to in the papers. It is for this reason that we joined The Haze Club appeal as amicus curiae on 12 July 2023.
After we were admitted as part of the proceedings, Fields of Green for ALL, through our instructing attorney, Stefan Bezuidenhout of SJF Attorneys, we submitted our Amicus Curiae Heads of Argument:
Consequently, the state replied to our HoA. It is worth noting here that the Ministers of Police, Justice, Public Prosecutions, the DTIC and Health were all summoned in the case.
HAZE CLUB ( SUBMISSIONS IN RESPONSE TO AMICUS HEADS OF ARGUMENT)PDF
Similarly, Cullinan and Associates’ Paul-Michael Keichel, acting for the Appellants – Neil et al from The Haze Club – also filed a response to to our HoA, in which they expand on and interpret the contents of FGA’s submission, from the point of view of the appellants.
2023 09 08 – Cullinans response to FGA amicus heads.PDF
In addition to this, Cullinan’s also wrote a letter to the respondents, drawing their attention to the August 2023 Police Directive following the Phakisa Action Lab held in May 2023.
2023 09 07 – Letter to Respondents and Amicus,PDF
And that is where we are right now.
In March 2024, The Haze Club case was postponed in the Supreme Court of Appeal. Watch this space for news of a set down date, currently expected to be in the last quarter of 2024.
This update really hits home for us 🙏 As a private cannabis club operating under the DPC model, we deeply appreciate the ongoing work and resilience of Fields of Green for ALL and everyone standing firm in this legal fight.
It’s not just about cannabis — it’s about fairness, clarity, and the right to operate responsibly within our private spaces 🌿 The progress made through The Haze Club case and FGA’s Amicus Curiae efforts keeps paving the way for all of us to move with purpose and confidence.
Big respect to the whole team pushing for legal certainty in South Africa’s cannabis culture. We’ll continue to stand in support, share the knowledge, and play our part in moving the movement forward 💚
#FieldsOfGreenForAll #DaggaPrivateClubs #CannabisCommunity #KnowYourRights
I stand by my original objection as a founding member with Jeremy of the political party: “The Dagga Party of South Africa” of the use of the word “dagga” which has been stigmatized and excludes sooo many people because of their conditioned prejudice against the word dagga over time, as opposed to cannabis or fields of green or something else that have more “acceptance” in our society…
just my 2 cents worth 🤔
For the rest, well done and thank you for continuing fighting for our legitimate rights 🙏🏻🙏🏻