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Melissa Theunissen ST10276052

English for Law- POE task (ENFL6111)

The highlighted questions are the corrected answers.

Task 1

1.1) The English text was signed by the State President.1


1.2) The Drugs and Drug Trafficking Act2 assented to 2 July 1992, and it commenced
to 30 April 1993.
1.3) Yes, this Act3 has been amended by other legislation such as the Prevention of
Organised Crime Act (assented to 28 November 1998 and commenced to 21
January 1999)4 and the Justice Laws Rationalisation Act (assented to 10 April
1996 and commenced to 1 April 1997).5
1.4) The Drug and Drug Trafficking Act6 prohibits the consumption or possession of
drugs and the selling and dealing of drugs. Furthermore, this Act forbids the
creation/manufacturing of specified substances such as diacetylmorphine and
diamorphine, 7 and it forbids the acquisition of the profits from the previous
mentioned crimes such as dealing and the creation of specified substances. 8

Moreover, The Drugs and Drug Trafficking Act9 also allows for legal authority to
exercise the right and power of entry, search, seizure, and detention in certain
situations regarding crimes relating to drugs and the trafficking of drugs.10 The
Drug and Drug Trafficking Act11 allows legal authority such as the South African
Police Service to retrieve the drugs and proceedings of drugs or drug trafficking.

1.5.1) Application of Act- Definitions.12

1
Act 140 of 1992
2
Act 140 of 1992
3
Act 140 of 1992
4
Act 121 of 1998
5
Act 18 of 1996
6
Act 140 of 1992
7
Act 140 of 1992
8
Act 140 of 1992
9
Act 140 of 1992
10
Act 140 of 1992
11
Act 140 of 1992
12
Act 140 of 1992
1.5.2) Deal In- to perform any type of act relating to a drug such as the supplying,
cultivation, importation, collection, sale, and administration of a drug. 13

Drug- Any substance that produces dependence in an individual, any substance


that creates dangerous dependence and any substance that creates an undesirable
dependence. 14

Sell- refers to the offering, advertising, possessing, or exposing of a drug for


sale. It also refers to the disposing of the drug (whether considering beforehand or not)
and to the exchanging of a drug for something else or vice versa, most likely with a
similar monetary value. 15 Drugs can be legally sold for medical reasons by prescribed
doctors such as dentists, medical practitioners and pharmacists.16 Drugs can be illegal
sold by drug dealers to persons who should not have access to that specific drug such
Methylphenidate.17

1.6) Legal practitioners should have the right to grow/cultivate and use
marijuana in their home but also have the right to use/consume marijuana freely
in the workplace. However, the Code of Conduct of Legal Practitioners prohibits
such behaviour18. The following paragraphs will evaluate the Code of Conduct
(specially section 3) in reference to marijuana usage in and out of the workplace.

How practitioners/entities are to act in terms of the code:

Legal practitioners/entities are required to conserve the highest standards of


honesty and integrity, they must follow the ethical standards that the Code of
Conduct upholds.19 Legal practitioners/entities must act with honour regarding

13
Act 140 of 1992
14
Act 140 of 1992
15
Act 140 of 1992
16
Act 140 of 1992
17
Act 140 of 1992
18
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
19
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
any undertaking they receive and work on. 20 Legal practitioners must behave
appropriately towards their colleagues and the public, this includes acting with
fairness and respect and, the avoidance of disreputable behaviour which is
insulting to themselves, the public, or their legal profession.21 Legal practitioners
must pay all amounts which are legally due such as fees, charges etc... These
amounts are levied on legal practitioners, candidate legal practitioners and juristic
entities.22Consequently, in accordance with the Code of Conduct23, drug usage
such as marijuana may infringe upon the standards of the Code such as the
requiring of the highest standards of honesty and integrity and therefore may lead
to difficulties/conflict in their legal practice. Furthermore, drug use in the
workplace such as recreational marijuana usage is prohibited as it opposes the
ethical standards and the avoidance of disputable behaviour in which the terms
of the Code states. However, marijuana has proven to show benefits in persons
with certain mental disorders (such an anxiety disorder or PTSD)24 and physical
disorders (such Multiple Sclerosis or epilepsy) which may significant pain. 25 It
should be noted that the previous benefits regard medicinal usage and not
recreational usage. Legal practitioners should have the right to freely use
marijuana in the workplace, if it benefits their health and subsequently, it will
benefit and not conflict with the legal practice since marijuana usage in public
spaces may be medicinal and necessary to the individual.

20
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
21
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
22
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
23
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
24
University of Washington Effects of Marijuana on Mental Health: Anxiety Disorders (2017)
https://adai.uw.edu/pubs/pdf/2017mjanxiety.pdf Accessed on [ 4 April 2023]
25
National Academies of Sciences, Engineering, and Medicine; Health and Medicine Division; Board on
Population Health and Public Health Practice; Committee on the Health Effects of Marijuana The Health
Effects of Cannabis and Cannabinoids (2017) 4, Therapeutic Effects of Cannabis and Cannabinoids
What legal practitioners/entities are meant to do in terms of the Constitution,
1996:

Legal practitioners must uphold the Constitution and its values/principles, they
must not discriminate or act in bias. 26 They must not act in any way that is
prohibited by the Constitution, especially in a situation that places them in conflict
with their clients. 27 Legal practitioners according to the Constitution must uphold
a legal professional privilege and confidentiality regarding their information of
their clients, previous or present clients included.28 An example of upholding the
Constitution and its values/principles is the avoidance of illegal drug
usage/consumption, The Drugs and Drug Trafficking Act29 references the illegal
use of certain substances such as marijuana.

How practitioners/entities may treat the interests of their clients:

Practitioners/entities must treat their clients with vital importance, this references
their duty to the court, the interest of justice, observance of the law and the
following of the ethical terms set out by the Code of Conduct.30 Legal practitioners
must not discriminate against their clients, nor must they act in bias. 31 Legal
practitioners/entities must account for their clients’ money in an appropriate and
truthful manner. Legal practitioners/entities must give their clients unbiased
advice and advise their clients at the earliest time on the probability of success
regarding their case.32

26
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
27
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
28
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
29
Act 140 of 1992
30
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
31
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
32
The Legal Practice Council The Code Of Conduct for all legal practitioners, candidate practitioners and juristic
entities (2019) (CODE-OF-CONDUCT.pdf (lpc.org.za)) Accessed on [4 April 2023]
Legal practitioners should have the right to cultivate and consume marijuana in
their home but also have the right to use/consume marijuana freely in the
workplace. However, the Code of Conduct for Legal Practitioners prohibits such
behaviour. The Code of Conduct for Legal Practitioners prohibits such behaviour
as it may bring disrepute to the firm or to the employer, it may cause the legal
practitioner to act in an inappropriate way in the workplace. Furthermore,
cannabis usage is illegal in a public areas therefore legal practitioners cannot
consume cannabis in the workplace. Moreover, legal practitioners must treat their
clients with respect, must not act in bias and must account for their money in a
faithful manner, consuming cannabis in the workplace may affect their behaviour
and jeopardise their relationship with the client.
References:

Legislation:

The Drug and Drug Trafficking Act 140 of 1992

Prevention of Organised Crime Act 121 of 1998

Justice Laws Rationalisation Act 18 of 1996

Books:

National Academies of Sciences, Engineering, and Medicine; Health and


Medicine
Division; Board on Population Health and Public Health Practice; Committee on
the
Health Effects of Marijuana The Health Effects of Cannabis and Cannabinoids
(2017)
4, Therapeutic Effects of Cannabis and Cannabinoids

Web resources:

The Legal Practice Council The Code Of Conduct for all legal practitioners,
candidate practitioners and juristic entities (2019) (CODE-OF-CONDUCT.pdf
(lpc.org.za)) Accessed on [4 April 2023]

University of Washington Effects of Marijuana on Mental Health: Anxiety


Disorders
(2017) https://adai.uw.edu/pubs/pdf/2017mjanxiety.pdf Accessed on [ 4 April
2023]
Melissa Theunissen ST10276052

ENG5111- Poe task part 2

Varsity College Newlands (BA Law)

15 April 2023

The Highlighted Questions are the corrected answers.

2.1) The presiding officer of the applicants in the matter of Minister of Justice and
Constitutional Development and Others v Prince and Others33 was Zondo, ACJ.

2.2) Regarding the matter of Minister of Justice and Constitutional Development and
Others v Prince and Others,34 the applicant was Mr Garreth Prince, and the plaintiff was
Mr Jonathan David Rubin.

2.3) Amicus Curae refers to a non-party of the court, that has a genuine interest in the
matter of the court and therefore influence the decision of the court.35 In the matter of
Minister of Justice and Constitutional Development and Others v Prince and Others36
the amicus curiae were Doctors for Life International Inc.

2.4)

On 18 September 2018 the High Court of South Africa gave judgement on an application
regarding the order for confirmation of constitutional invalidity which was made by the
High Court of South Africa, Western Cape Division, Cape Town concerning the
declaration that the legislation that criminalises the use, possession, purchase, and
cultivation of cannabis as unconstitutional.37

The concern arose due to three pervious court cases, which were all submitted under
the same premise, that sections of the Drugs and Drugs Trafficking Act 38 (Drugs

33
2018 (6) SA 393 (CC)
34
2018 (6) SA 393 (CC)
35
Cornell Law School Amicus Curiae
(https://www.law.cornell.edu/wex/amicus_curiae#:~:text=Amicus%20Curiae%20literally%20translated%20fro
m,strong%20interest%20in%20the%20matter) Accessed on [16 April 2023]
36
2018 (6) SA 393 (CC)
37
2018 (6) SA 393 (CC)
38
Act 140 of 1992
trafficking Act) and the Medicines and Related Substances Control Act39 (The Medicines
Act) were in opposition and therefore constitutionally invalid.

The specific sections of the Drugs Trafficking Act40 and the Medicines Act41 that were in
contradiction with each other were section 4(b) of the Drugs Trafficking Act 42, which
prohibits the use or possession of any dangerous dependence-producing substance
read with section 5(b) of the Drugs Trafficking Act43, which prohibits the dealing of any
dangerous dependence-producing substance.
Section 22A(9)(a)(i) of the Medicines Act13, read with schedule 7 of the Medicines Act 44
which prohibits the acquisition, use, possession, manufacture or supply of cannabis and
section 22A (10) of the Medicines Act 45 read with schedule 7 prohibits the sale or
administration of cannabis unless for medicinal reasons.

Consequently, the High Court of South Africa declared that sections 4(b) and 5(b) of the
Drugs Trafficking Act46 read with Part III of Schedule 2 of the Drugs Trafficking Act47 and
section 22A(9)(i) and 22A (10) of the Medicines and Related Substances Control Act 48
were in contradiction with the right to privacy which is declared in section 14 of the
Constitution49. However, it was only to the extent that those sections prohibit the use,
possession, purchase or cultivation of cannabis by an adult in a private residence for
their own personal consumption.

39
Act 101 of 1965
40
Act 140 of 1992
41
Act 101 of 1965
42
Act 140 of 1992
43
Act 140 of 1992
44
Act 101 of 1965
45
Act 101 of 1965
46
Act 140 of 1992
47
Act 140 of 1992
48
Act 101 of 1965
49
S14 The Constitution
2.5) Whether sections 4 (b) and 5(b) of the Drugs Trafficking Act50 read with Part III of
Schedule 2 of the Drugs Trafficking Act51 were inconsistent with sections 22A (9) (i) and
22A (10) of the Medicines and Related Substances Control Act52 read with Schedule 7
of the Medicines and Related Substances Control Act 53 . Furthermore, whether this
infringes on the right of privacy which is declared in section 14 of The Constitution54.

2.6) The reasons for the decision that sections 4 (b) and 5(b) of the Drugs Trafficking
Act55 read with Part III of Schedule 2 of the Drugs Trafficking Act56 were inconsistent with
sections 22A (9) (i) and 22A (10) of the Medicines and Related Substances Control Act 57
read with Schedule 7 of the Medicines and Related Substances Control Act 58 and
consequently infringed on the right of privacy that section 14 of The Constitution 59
declares is as follows;
That the concern above unjustifiably limits the right to privacy which is declared in
section 14 of The Constitution 60 as the above matter prohibits the use, possession,
purchase, and cultivation of cannabis in a private dwelling by an adult. Furthermore, the
Constitutional Court declared that the right to privacy goes further than a private
residence or home, this directly dispensed with the High Court’s limitation that privacy is
found only in a private dwelling. Consequently, the High Court only permitted cannabis
use in a private home and therefore allowed continued prosecution regarding cannabis
use or possession. However, the Constitutional Court ruled that cannabis use which is
in a private area and not a public area and is used or in possession of an adult is
protected by the right of privacy which is entrenched in section 14 of the Constitution 61.

50
Act 140 of 1992
51
Act 140 of 1992
52
Act 101 of 1965
53
Act 101 of 1965
54
S14 The Constitution
55
Act 140 of 1992
56
Act 140 of 1992
57
Act 101 of 1965
58
Act 101 of 1965
59
S14 The Constitution
60
S14 The Constitution

61
S14 The Constitution
2.7) The phrase “deal in” in section 1 of the Drugs Trafficking Act 62 must be read in
relation to the fact that adults can cultivate cannabis in a private place for their own
personal consumption in private. This relation must appear after the word “cultivation”
found in section 1 of the Drugs Trafficking Act63 but before the comma. Therefore, when
one reads the Drugs Trafficking Act64, specifically section 1 regarding the cultivation of
cannabis, one must consider that adults can cultivate cannabis in private for her or his
own personal consumption but not in public.

62
Act 140 of 1992
63
Act 140 of 1992
64
Act 140 of 1992
References:

Legislation:

S14 The Constitution

Act 140 of 1992

Act 101 of 1965

Cases:

2018 (6) SA 393 (CC)

Web Resources:

Cornell Law School Amicus Curiae


(https://www.law.cornell.edu/wex/amicus_curiae#:~:text=Amicus%20Curiae%20literally
%20t ranslated%20from,strong%20interest%20in%20the%20matter) Accessed on [16
April 2023]
Melissa Theunissen ST10276052
ENFL6111- POE Final
27 June 2023

The proposed legislation changes that have resulted due to the matter of the Minister of
Justice and Constitutional Development and others v Prince and others65 (henceforth
known as the Prince case66) benefit the general population of South Africa, the economy
of South Africa and the public health of South Africa, this includes the right to consume
and cultivate cannabis in private areas, and the use of medical cannabis. However,
cannabis should not be consumed in public areas such as the workplace, parking lots
and streets as cannabis causes addiction, and medical and mental issues, furthermore,
public society usually considers it deviant behaviour and inappropriate. The following
paragraphs aim to set out the conclusion of the Prince case67, the resulting Cannabis for
Private Purposes Bill68, the reasons to determine how cannabis befits South Africa as a
whole, and why cannabis should not be consumed in public areas. However, it should
be noted the Cannabis for Private Purposes Bill 69 has limitations regarding the
commercial aspect of cannabis and many may argue about the severe penalties for
offending the postulates of the Cannabis Bill.70

The Prince case71 was issued to investigate whether sections of the Drugs and Drug
Trafficking 72 (Drugs Act) and the Medicines and Related Substances Control 73
(Medicines Act) were constitutionally invalid. This is due to the section 4B of the Drugs
Act74 forbidding the consumption or possession of any dangerous addictive substance
such as cannabis, Section 5B of the Drugs Act75 prevents the dealing of any dangerous
addictive substance such as Cannabis. Section 22A(9)(a)(i) of the Medicines Act76 read
with schedule 7 of the Medicines Act77 forbids the acquisition, consumption, possession,

65
CCT 108/17
66
CCT 108/17
67
CCT 108/17
68
B19 of 2020
69
B19 of 2020
70
B19 of 2020
71
CCT 108/17
72
Act 140 of 1992
73
Act 101 of 1965
74
Act 140 of 1992
75
Act 140 of 1992
76
Act 101 of 1965
77
Act 101 of 1965
creation or supply of cannabis, and section 22A(10) of the Medicines Act78 read with
schedule 7 prohibits the sale or of cannabis other than for medicinal purposes.

The Constitutional Court eventually ruled that the above sections of legislation were
indeed constitutionally invalid since the previously mentioned sections of the Drug and
Drug Trafficking Act79 and the Medicines and Related Substances Control Act80 violated
the privacy of the person who consumed or cultivated cannabis for personal reasons.
Henceforth, the Cannabis for Private Purposes Bill 81 was created and published to
amend the constitutional invalidation regarding the postulates for private cannabis use
for personal and legislation that sets out to prohibit the use/cultivation of cannabis in
private areas for personal consumption.

The Cannabis for Private Purposes Bill82 provides the postulates of private cannabis use
for personal consumption such as the definitions for private, trafficable, and commercial
use and cultivation, the limitations placed on private use and the violations and offences
for acting against the new cannabis legislation. It is important to note that the Cannabis
for Private Purposes Bill83 does not allow the public use and possession of cannabis, nor
does it allow the dealing of cannabis (other than licensed cannabis vendors or
dispensaries) but rather allows the private consumption and cultivation of cannabis to a
limitation which is set out in the Cannabis for Private Purposes Bill.84

However, many people have argued that the Cannabis for Private Purposes Bill85 is too
staunch or strict regarding the commercial aspect of cannabis and the penalties for
violating the Cannabis Bill. 86 The commercial aspect of the Cannabis Bill 87 may be
argued that since it does not allow the profiting of seeds, seedlings and cannabis plants,
therefore it does not take into consideration of the commercial facts regarding growing,
processing, and supplying cannabis for personal use.88

78
Act 101 of 1965
79
Act 140 of 1992
80
Act 101 of 1965
81
B19 of 2020
82
B19 of 2020
83
B19 of 2020
84
B19 of 2020
85
B19 of 2020
86
B19 of 2020
87
B19 of 2020
88
BusinessTech Big problems with South Africa’s proposed cannabis laws
(https://businesstech.co.za/news/lifestyle/431588/big-problems-with-south-africas-proposed-cannabis-
laws/) Accessed on [26 June 2023]
Furthermore, some may argue that the Cannabis for Private Purposes Bill 89 is too
staunch regarding the penalties for violating the postulates of the bill.90 An example of
this is 15 years in prison for the cultivation or buying of more than nine flowering plants,
this is the same charge that murder under certain circumstances would receive. 91

Consequently, many South Africans are left wondering whether the Cannabis for Private
Purposes Bill 92 will positively benefit South Africa as a whole, as it lets individuals
consume and grow an addictive substance in their homes. However, there are many
studies and articles relating to the benefits of legal private and medical usage of
cannabis.

The usage of and cultivation of Cannabis benefits the general population of South Africa
as it lowers the number of arrests placed due to cannabis related charges.93 The number
of drug related arrests in South Africa is extremely high, in 2016 (four years before the
Cannabis for Private Purposes Bill 94 was published) drug-related charges had the
95
highest acceleration regarding crime and arrest statistics. Allowing private
consumption and cultivation of cannabis in South Africa allows the drug-related arrests
to slow,96 therefore the South African Police Service will not waste resources arresting
individuals who consume and cultivate cannabis privately.

89
B19 of 2020
90
Planting, S. The Daily Maverick Dagga legislation: What were they smoking?
[https://www.dailymaverick.co.za/article/2020-08-23-dagga-legislation-what-were-they-smoking/]
Accessed on [26 June 2023]
91
Planting, S. The Daily Maverick Dagga legislation: What were they smoking?
[https://www.dailymaverick.co.za/article/2020-08-23-dagga-legislation-what-were-they-smoking/]
Accessed on [26 June 2023]
92
B19 of 2020
93
United Nations Office for Drug Control and Crime Prevention SOUTH AFRICA COUNTRY PROFILE
ON DRUGS AND CRIME [https://www.unodc.org/documents/southafrica/sa_drug.pdf]Accessed on [26
June 2023]
94
B19 of 2020
95
SAPS Annual Crime Report 2016-2017
[https://www.saps.gov.za/about/stratframework/annual_report/2016_2017/gpw_crime_stats_2017.pdf]
Accessed on [26 June 2023]
96
United Nations Office for Drug Control and Crime Prevention SOUTH AFRICA COUNTRY PROFILE
ON DRUGS AND CRIME [https://www.unodc.org/documents/southafrica/sa_drug.pdf]Accessed on [26
June 2023]
Moreover, by providing legislation that inhibits people to consume and cultivate
cannabis, it decreases the amount of influence and power that drug related gangs and
cartels have.97 This is because persons can safely grow their own cannabis rather than
relying on the dealing of cannabis, which may be unsafe as drug dealers can be violent
and some dealers of cannabis may intentionally lace ‘weed’ with other substances such
as chlorine to cheapen the product creation and worsen withdrawal symptoms so that
customers are more likely to buy cannabis sooner rather than later.98

The economy of South Africa will be benefit from the legalisation of cannabis as it allows
a new market to form, bringing in new capital, income and jobs to the South African
population.99 Many people may believe that the cannabis economy may be increasing
drug habits, however, the cannabis economy does not only deal in physical consumption
kind of cannabis but also in CBD and hemp.100 Hemp can be regularly used in the textile
industry to create items such as fabric and rope.101 An example of cannabis inflating an
African economy is Uganda, Uganda houses an expansive cannabis industry.102 The
cannabis sector (worth an estimated $3 billion) is benefiting the country by creating jobs,
generating taxes, and encouraging foreign direct investment and a trade surplus. By
allowing cannabis legalisation, it will allow South Africa to directly profit from such
ventures, subsequently uplifting the South African Economy.103

97
Du Plessis, C The Africa Report South Africa: Drug cartels, crime syndicates, and their relationship to
politicians [heafricareport.com/261465/south-africa-drug-cartels-crime-syndicates-and-their-relationship-
to-politicians/] Accessed on [26 June 2023]
98
Du Plessis, C The Africa Report South Africa: Drug cartels, crime syndicates, and their relationship to
politicians [heafricareport.com/261465/south-africa-drug-cartels-crime-syndicates-and-their-relationship-
99
Mukeredzl, T Foreign Press Africa Needs Cannabis to Spark Economic Growth
[https://foreignpolicy.com/2021 /05/13/africa-cannabis-marijuana-legalization-economy-growth/]
Accessed on [26 June 2023]
100
Mukeredzl, T Foreign Press Africa Needs Cannabis to Spark Economic Growth
[https://foreignpolicy.com/2021/05/13/africa-cannabis-marijuana-legalization-economy-growth/]
Accessed on [26 June 20232]
101
Mukeredzl, T Foreign Press Africa Needs Cannabis to Spark Economic Growth
[https://foreignpolicy.com/2021/05/13/africa-cannabis-marijuana-legalization-economy-growth/]
Accessed on [26 June 20232]
102
Mukeredzl, T Foreign Press Africa Needs Cannabis to Spark Economic Growth
[https://foreignpolicy.com/2021/05/13/africa-cannabis-marijuana-legalization-economy-growth/]
Accessed on [26 June 20232]
103
Mukeredzl, T Foreign Press Africa Needs Cannabis to Spark Economic Growth
[https://foreignpolicy.com/2021/05/13/africa-cannabis-marijuana-legalization-economy-growth/]
Accessed on [26 June 20232]
However, cannabis should not be consumed in public areas such as the workplace,
parking lots or streets. Cannabis is a dangerous addictive substance and can cause
deliberating medical and mental issues.104 A few medical and mental effects of cannabis
include impaired body movement, breathing problems, difficulty with thinking and
problem-solving, impaired memory, increased heart rate and psychosis in some cases
of cannabis usage.105 Due to the adverse health effects that may led to inappropriate
behaviour, it is not wise to encourage the legalisation of cannabis in a public area as it
may promote dangerous substance use. Furthermore, general society views cannabis
usage with negative connotations and as deviant behaviour, therefore many South
Africans may not be in favour of cannabis usage in the workplace.

Consequently, due to the Prince case, 106 the resulting the Cannabis For Private
Purposes Bill107 was created. It was created to monitor and provide postulates regarding
cannabis and the private usage for personal consumption. However, many may argue
that the Cannabis Bill108 is too strict or staunch regarding its postulates. The legislation
of cannabis regarding private consumption for personal use will benefit the South Africa
population and economy. This is due to the Cannabis Bill109 providing a safer means of
using cannabis, lowering drug related arrests and subsequently lowering the usage of
police resources and the fact that cannabis can boost the economy, an example of which
is Uganda. However, cannabis should not be used in public areas as it is a dangerous
addictive substance which adverse health effects, therefore it should not be encouraged
to be used in public. Furthermore, general society views cannabis with negative
connotations and as a deviant behaviour, therefore many South Africans will not support
the cannabis use in public.

1310 words.

104
National Institute on Drug Abuse Cannabis (marijuana) DrugFacts
[https://nida.nih.gov/publications/drugfacts/cannabis-marijuana] Accessed on [26 June 2023]
105
National Institute on Drug Abuse Cannabis (marijuana) DrugFacts
[https://nida.nih.gov/publications/drugfacts/cannabis-marijuana] Accessed on [26 June 2023]
105
CCT 108/17
106
CCT 108/17
107
B19 of 2020
108
B19 of 2020
109
B19 of 2020
References:

Legislation.

the Cannabis For Private Purposes Bill B19 of 2020

Drugs and Drug Trafficking Act 140 of 1992

The Medicines and Related Substances Control Act 101 of 1965

Cases:
The Minister of Justice and Constitutional Development and others v Prince and others CCT108/17

Online Articles:
BusinessTech Big problems with South Africa’s proposed cannabis laws
(https://businesstech.co.za/news/lifestyle/431588/big-problems-with-south-africas-proposed-
cannabis-laws/) Accessed on [26 June 2023]

Du Plessis, C The Africa Report South Africa: Drug cartels, crime syndicates, and their relationship
to politicians [heafricareport.com/261465/south-africa-drug-cartels-crime-syndicates-and-their-
relationship-to-politicians/] Accessed on [26 June 2023]

Planting, S. The Daily Maverick Dagga legislation: What were they smoking?
[https://www.dailymaverick.co.za/article/2020-08-23-dagga-legislation-what-were-they-smoking/]
Accessed on [26 June 2023]

Mukeredzl, T Foreign Press Africa Needs Cannabis to Spark Economic Growth


[https://foreignpolicy.com/2021 /05/13/africa-cannabis-marijuana-legalization-economy-growth/]
Accessed on [26 June 2023]

National Institute on Drug Abuse Cannabis (marijuana) DrugFacts


[https://nida.nih.gov/publications/drugfacts/cannabis-marijuana] Accessed on [26 June 2023]

SAPS Annual Crime Report 2016-2017


[https://www.saps.gov.za/about/stratframework/annual_report/2016_2017/gpw_crime_stats_2017.p
df] Accessed on [26 June 2023]
United Nations Office for Drug Control and Crime Prevention SOUTH AFRICA COUNTRY
PROFILE ON DRUGS AND CRIME
[https://www.unodc.org/documents/southafrica/sa_drug.pdf]Accessed on [26 June 2023]
Melissa ST10276052
Theunissen
04 July 2023

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