Minister of Justice and Constitutional Development v Prince[1] is a decision of the Constitutional Court of South Africa delivered on 18 September 2018, which found that it is unconstitutional for the state to criminalize the possession, use or cultivation of cannabis by adults for personal consumption in private.[2]
| Minister of Justice and Constitutional Development and Others v Prince | |
|---|---|
 | |
| Court | Constitutional Court of South Africa |
| Full case name | Minister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening); National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others |
| Decided | 18 September 2018 |
| Citation | [2018] ZACC 30 |
| Case history | |
| Prior actions | Prince v Minister of Justice and Constitutional Development, [2017] ZAWCHC 30 |
| Appealed from | Western Cape Division of the High Court |
| Court membership | |
| Judges sitting | Zondo ACJ, Cameron J, Froneman J, Jafta J, Kathree-Setiloane AJ, Kollapen AJ, Madlanga J, Mhlantla J, Theron J, Zondi AJ |
| Case opinions | |
| Decision by | Zondo (unanimous) |
The court gave Parliament 24 months to amend the affected legislation, but also granted interim relief which had the effect of immediately making it legal for adults to use cannabis in private, possess cannabis in private for personal use, and cultivate cannabis in a private place for personal consumption.[3]
The Cannabis for Private Purposes Bill, approved in 2024, was the result from that process.[4]
See also
editReferences
edit- ^ [2018] ZACC 30
- ^ Howell, Simon; Clarke, K. Myrtle; Clemence, Rusenga; Klantschnig, Gernot; Carrier, Niel (2024). "South African Cannabis Policy: policy reform must balance public health, economic interests, and social justice (PolicyBristol, Policy Briefing 152)" (PDF). University of Bristol, University of Cape Town, Fields of Green for ALL.
- ^ de Vos, Pierre (18 September 2018). "ConCourt Cannabis Judgment: What was the reasoning and what does it mean?". Daily Maverick. Retrieved 21 September 2018.
- ^ Henning, Charl (29 May 2024). "The CORRECT Version Of The Cannabis For Private Purposes Bill (Now Signed)". Fields of Green for ALL. Retrieved 31 July 2024.
External links
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