Several ministers, including the minister of Justice and Constitutional Development, the minister of Police, and the minister of Health, had appealed a Western Cape High Court order last year, declaring certain sections of the Drug Trafficking Act and the Medicines Act to be inconsistent with the Constitution as they prohibited the use of cannabis by an adult in a private home for personal consumption.
The successful application to decriminalise marijuana had been driven by Dagga Party leader Jeremy Acton and Rastafarian Garreth Prince. The parties who brought the case were all cannabis users for medicinal, spiritual, recreational and other reasons.
The high court found that provisions in the acts unjustifiably limited the applicants’ rights to privacy, and found it unjustifiable to prevent a person from possessing, purchasing or cultivating cannabis in the privacy of their own homes.
The court had ordered Parliament to change things within 24 months.