Walter Sisulu University’s convocation president Zimncedile Tiya has applauded the Western Cape High Court ruling on legalising dagga for private use.

Tiya, who is chairman of the National Association of Democratic Lawyers (Nadel) Transkei branch, told more than 200 graduates, among them 63 law graduates, that weed was the “gold” of Mpondoland.

He was speaking at the graduation ceremony at the university’s Mthatha Drive campus at the weekend.

Tiya, who practises out of Mthatha, is a former WSU student leader and one of the legal minds who have campaigned for the total legalisation of dagga so that the Mpondo people could be free to trade in dagga without fear of police harassment.

He said the Mpondo people were making a living from the dagga trade.

“We usually call dagga the gold of Mpondoland. We acknowledge the recent Western Cape High Court judgment on dagga, and we believe we are slowly getting there,” said Tiya.

He serves on the committee of the Law Society of South Africa and represents South Africa in the South African Development Community Lawyers’ Association.

Tons of dagga is produced in Mpondoland and sold in Gauteng, Western Cape, KwaZulu-Natal and other areas.

Tiya said the people of Mpondoland have for years been supporting the education of their children through the proceeds from growing and selling dagga and at times had found themselves behind bars.

On March 31, a full bench found that the criminalisation of dagga was unconstitutional. The case was brought to court by Rastafarian lawyer and activist Gareth Prince and the Dagga Party.

The state has appealed the ruling that private cultivation and use of dagga should be legalised.

In its judgment the court found that the ban on the personal use of dagga by adults in their homes was an infringement of the constitutional right to privacy. The court gave parliament 24 months to amend the Drugs and Trafficking Act and Medicines and Related Substance Control Act and bring them in line with the constitution.

“We are excited because we believe it’s one of the biggest steps ever taken in SA towards decolonisation of the law.

“It is the Transkei penal code of 1886 that criminalised possession, trading and ploughing of dagga.

“In the former Transkei region, in particular Mpondoland, many homesteads are maintained by monies or proceeds of dagga trading.

“The criminalisation of trading in dagga by the then-colonial government brought nothing but poverty in Mpondoland,” said Tiya.

He said that the recent judgment did not allow trading and public possession of dagga and “means that lawyers still need to persuade higher courts to allow or legalise trading in dagga”.

NPA regional spokesman Luxolo Tyali said they were continuing prosecuting those contravening the existing act. “The existing law has not yet been repealed or amended.”

Constitutional law expert and Professor Emeritus at Unisa Shadrack Gutto has been reported saying that the use of dagga remained illegal until its legal use was ratified by the Constitutional Court and put into law by parliament. — lulamilef@dispatch.co.za