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In this video we discuss the ruling recently made by the High Court of South Africa (Western Cape Division) as it relates to 'The Haze Club - THC' Case no: 2101/2021. Our guests are Andrew McPherson from Ward Brink and Paul-Michael Keichel from Cullinan and Associates to give us some context on the recent High Court ruling as well as the context related to the Constitutional Court ruling of 2018 (Prince 3).
This discussion aims to create context regarding the recent decision on the 29th of August 2022, highlight some of the findings made, contextualizing what this means for cannabis access and private use in South Africa.
A strong focus of the discussion tied back to the definition of privacy and a private space and the spirit of the Constitutional Court ruling.
In this ruling reference is made to 'The legislation of dealing in cannabis concerns policy issues and fall within the realm of the legislature, and not the judiciary' as accurate as this is, how long are South African's required to wait for policy and legislative change to enable increase legal access and trade?
This discussion also unpacks certain aspects related to the Drugs and Drug Trafficking Act 140 of 1992 especially related to section 4(b) and 5(b).
With more discussions taking place daily hopefully we will see long-term UN reform regarding the Single Convention on Narcotic Drugs, 1961. UNODC
Guest Speakers: Andrew MacPherson
Attorney and Senior Associate at Ward Brink
wardbrink.com/
Guest Speakers: Paul-Michael Keichel
Attorney at Cullinan & Associates
cullinans.co.za/
This article or video is for general public information. It is not to be considered or construed as legal advice. Each matter must be dealt with on a case by case basis and you should consult an attorney before taking any action contemplated herein.