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Parliament to decide how it will give effect to judgment decriminalising private dagga use

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Parliament to decide how it will give effect to judgment decriminalising private dagga use

Parliament to decide how it will give effect to judgment decriminalising private dagga use
Photo by Bloomberg

18th September 2018

By: African News Agency

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Parliament said it would in due course make a decision on how it would give effect to Tuesday's historical Constitutional Court judgment which effectively decriminalised the use of marijuana in private homes in South Africa.

"Parliament is in possession of the judgment and the relevant structures in Parliament will take a decision on the manner to give effect to the judgment," the national legislature said in a statement.

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"As required by the Constitution, the public will have an opportunity to make submissions during the processes in Parliament."

Parliament was given 24 months to rectify defects in the Drugs and Drug Trafficking Act and the Medicines and Related Substances Control Act. 

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The legislature said it would either introduce a new bill or allow the executive to do so.

The country's highest court confirmed an order by the high court in Cape Town declaring sections of the Drugs Act and Medicines Act "inconsistent with right to privacy entrenched in section 14 of the Constitution and, therefore, invalid to the extent that they make the use or possession of cannabis in private by an adult person for his or her own consumption in private a criminal offence".

This means South Africans could from Tuesday grow marijuana - more commonly known as dagga locally - in their backyard and smoke it for personal use.

Buying and selling dagga remains illegal as the court deemed dealing in cannabis "a serious problem in this country and the prohibition of dealing in cannabis is a justifiable limitation of the right to privacy".

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