An urgent Western Cape High Court challenge to SA's cannabis laws was postponed after several Ministries as respondents in the case arrived in court without having filed their answering papers.

The application was brought by Gareth Prince, the RasTafari Nation Council, and a group of small-scale farmers.

It seeks urgent relief against ongoing arrests, the destruction of cannabis plants, and the exclusion of traditional growers from the legal economy.

The case forms part of a broader constitutional challenge to the Cannabis for Private Purposes Act 7 of 2024 and the Hemp Regulations. 

When the matter was called last week, state respondents, including Ministries responsible for policing, trade and agriculture, told the court they had not filed answering affidavits. They said they needed more time and asked that the case be removed from the urgent roll and placed on the ordinary roll.

The request was refused by Acting Judge Mnengwana.

Instead, the court issued a timetable. The respondents have 20 days to file their affidavits and a further 15 days to submit heads of argument. The matter has been set down for 8 June 2026. 

The Weekend Argus says the application highlights a contradiction: despite constitutional protections for private cannabis use and cultivation, the SAPS treats practitioners and rural farmers as criminals.

Prince contends that the ‘arrest and detention’ of individuals for private cannabis conduct is not only an affront to the right to privacy but a failure of administrative justice.

The legal team argues that even if legal intervention is required, authorities are ignoring ‘less restrictive’ measures – such as summons procedures – in favour of heavy-handed detentions that strip citizens of their dignity.

Full Weekend Argus report