The state has argued that a court ruling allowing the possession, cultivation and use of dagga in private homes, was wrong to conclude rights to privacy were violated by drug laws.

CAPE TOWN – The state has argued that a court ruling allowing the possession, cultivation and use of dagga in private homes, was wrong to conclude rights to privacy were violated by drug laws.

The Western Cape High Court last month ruled some provisions in the Drugs and Drug Trafficking Act and Medicines and Related Substances Control Act were inconsistent with the Constitution.

The dagga ruling has yet to be confirmed by the Constitutional Court, where the state, through various ministries and the National Prosecuting Authority, is appealing it on various grounds.

In its appeal, the state reiterates its argument that while the act of using dagga in a private home is immediate, its effects last for three to six hours.

The court papers go on to list the claimed negative effects of using cannabis.

The document says the court should have considered South Africa’s socio-economic circumstances when reflecting on how the country should follow a global evolution of attitudes towards the legalisation of cannabis.

The appeal further states that the ruling fails to take into account the state’s explanation of challenges like organised crime, drug abuse and the effect of cannabis on an overburdened health system.

(Edited by Leeto M Khoza)