Dagga-related cases opened prior to Concourt ruling may be prosecuted
The Constitutional Court's decriminalisation of the private use of dagga may have left many South Africans in excitement.
But those who were arrested on dagga-related charges before Deputy Chief Justice Raymond Zondo handed down his judgment on the matter yesterday - aren't in the clear.
Zondo ruled that the laws prohibiting the possession, cultivation and use of dagga - in private and for personal consumption - are inconsistent with the Constitution and declared them invalid.
But as legal expert Vishalan Naidu explains, that invalidity order isn't retrospective.
"The judgement is only prospective and will only be effective from today onwards. Any criminal cases that are still pending, prior to today are not effective.That is because the Constitutional Court made it clear that in order for retrospectivity, this would lead to the criminal justice system being placed in a chaotic position," Naidu said.
ALSO READ: IFP welcomes Concourt ruling on dagga use
Members of Parliament will use the next 24-months to correct the Constitutional defects in the Drug Trafficking Act and Medicines Control Act.
Zondo said that there were certain elements - such as quantities of cannabis that people can have in their possession that's an issue that Parliament needs to address.
"The judgement does not specify how many grams of cannabis an adult person may use or possess in private for his or her personal consumption or how much cannabis an adult mat cultivate in a private place for his or her personal consumption. I was of the view that the court would infringe the doctrine of separation of powers if it determines the amount itself," he said.
Listen to Newswatch journalist, Bernadette Wolhuter's full interview with Vishalan Naidu below.