Dagga cases will still head to court

Dagga cases will still head to court

The Constitutional Court's decriminalisation of the private use of dagga might have many South Africans on a high. 

Dagga 2
SAPS

However, those who were arrested on dagga-related charges before Deputy Chief Justice Raymond Zondo handed down his judgment on the matter on Tuesday - are not in the clear.   

 

Legal expert, Vishalan Naidu, says pending dagga-related cases prior the court's ruling will not be affected. 

 

"The ConCourt made it clear that in order of retrospectivity, will lead to the criminal justice being placed in a chaotic position," says Naidu. 

 

Zondo ruled that the laws prohibiting the possession, cultivation and use of cannabis, in private and for personal consumption, are inconsistent with the Constitution and declared them invalid.  

 

Members of Parliament will use the next 24-months to correct the constitutional defects in the Drug Trafficking Act and Medicines Control Act. 

 

Zondo says there are certain elements MPs still need to address, such as quantities of cannabis that people can have in their possession. 

 

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