The Cannabis Development Council of South Africa (CDCSA) said on Tuesday that it had set up branches in all provinces to ensure all who traded in cannabis paid their taxes and also paid a tax called the IKS tax which will be used to develop indigenous communities. Photo: file.

Durban - The National Prosecuting Authority has confirmed that all those who face criminal charges pertaining to cannabis use and possession would still face prosecution. 

Advocate Moipone Noko, the director of public prosecutions (DPP) in KwaZulu-Natal was responding to questions about whether people would still be prosecuted following the ruling by the Constitution Court. 

On Tuesday, the Constitutional ruled that legislation banning use and cultivation of dagga in private homes violates privacy. The highest court in the land ruled that private use and cultivation of dagga would be decriminalized.

"In terms of Paragraph 102 of the judgement, the decriminalization applies prospectively, not retrospectively. This means matters already enrolled are not to be impacted upon by the judgement. Only those in the future will be affected by the decriminalization,” said Noko.

“These cases will still be prosecuted in our criminal courts, these will be for example possession of dagga in public spaces and dealing in dagga."

Dealing in dagga remains illegal and Noko said that possession of dagga by children under any circumstances was still illegal. 

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