South Africa: SA blocks Rasta cannabis plea

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BBC News

Friday 25 Jan 2002

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South Africa's Constitutional Court has narrowly rejected an
application lodged by a Rastafarian lawyer for cannabis to
be legalised.

Lawyer Gareth Prince petitioned the court after Cape Town's
law society refused to admit him as an attorney because of
two convictions for marijuana possession.

His application, which argued that use of the drug was part
of his religion, was rejected by five votes to four.

In its ruling, the court described Mr Prince as "a person of
principle", but said legalisation of cannabis "would be
contrary to the (international) obligations of this
country".

Mr Prince said he would continue to smoke cannabis, or dagga
as it is known in South Africa, even if it meant the end of
his career.

'Humanity and dignity'

"The primary issue in this case is not really cannabis, but
the humanity and the dignity that has to be afforded unto
Rastafari people as first nation or indigenous people of
this country," he told the BBC.

He said the ruling showed that the constitution did not
"have the guts to embrace the change which is inevitable in
this country".

According to the AFP news agency, Judge-President Arthur
Chakelson said most of the judges felt that the legalisation
of cannabis for Rastafarians would make law enforcement
difficult in the rest of the community.

Mr Prince's advocate, John Abel, told the SAPA news agency
the decision went against current trends in Europe and
Canada.

Cannabis was widely used there for medicinal and religious
purposes, he said.

The dissenting judges delivered a minority judgement
describing the prohibition of marijuana to Rastafarians as a
"palpable invasion of their dignity".

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