Dagga case stayed pending constitutional test
A dagga-smoking woodcutter has become the first person in the Eastern Cape to obtain a stay of prosecution pending the outcome of a constitutional challenge by a husband and wife widely known as ‘the dagga couple’. The Herald reports the ruling by the Eastern Cape High Court (Port Elizabeth) that the National Directorate of Public Prosecutions hold back on prosecuting Bryan Jones (38) has now opened the floodgates for other dagga users to bring similar applications.
Jones was arrested in March last year on charges of possession and cultivation of dagga. In June this year, he approached the High Court, asking that the criminal case in the Humansdorp Magistrate’s Court be set aside pending the outcome of proceedings and all possible appeals instituted by Krugersdorp couple Julian Stobbs and Myrtle Clarke. They are challenging the provisions of the Drugs and Drug Trafficking Act in an attempt to have the outlawed plant legalised. A Justice Department spokesperson said they would abide by the ruling and await the outcome of the constitutional matter.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
