Faculty of ArtsCreating tomorrowSchool of Language, Media, and CommunicationDepartment of Applied Language StudiesACADEMIC ENGLISH (LAW) SURNAMES & INITIALS: Kgopa KL, Gcumisa S, Modiba SJ, Netshipale N, Lubisi TSTUDENT NUMBERS: 220607400, 215250699, 221087494, 220196087, 219479348COURSE CODE: LELV101LECTURER: Ms. S Mac LachlanDATE: 24 May 2019TITLE: Research AssignmentPLAGIARISM DECLARATIONI understand that plagiarism is the presentation of someone else’s work as my own. When sources have been consulted, they have been carefully referenced and fully acknowledged both in my essay and on my reference list. I have not plagiarized in this essay.
I understand that if I am found to have committed plagiarism, I will have to face disciplinary action.Signed: Kgopa KL, Gcumisa S, Modiba SJ, Netshipale N, Lubisi TThis document investigates the benefits of legalization and decriminalization of marijuana in South Africa as of recent developments have emerged in the Constitutional legislation with regards to private use, personal use, transportation, possession, and dealing of marijuana. It also investigates the case law in relation to drugs and those that set precedent to the legalization of marijuana.
Marijuana- also called cannabis, a plant with leaves that can be smoked as an illegal drug.Possession- in relation to drugs, includes to keep or to store the drug or to have it in custody or under control or supervision.Drug- means any dependence-producing substance; any dangerous dependence-producing substance or any undesirable dependence-producing substance.Personal use- in relation to a drug is the individual’s use of drugs for personal recreational uses.Transportation- any transportation of any number of drugs, regardless of distance or quantity from one place to another.deal in”- in relation to a drug, includes performing any act in connection with the transshipment, importation, cultivation, collection, manufacturing, supply, prescription, administration, sale, transmission or exportation of the drug.The law of marijuana dates back to the 1900s and the official law prohibiting the sale of marijuana was first introduced in 1908, where In 1925 marijuana was listed as one of the contraband narcotics by the League of Nations Advisory Committee on Traffic and Opium and Other Dangerous Drugs. The Weeds Act, was introduced in 1937 which banned marijuana in South Africa. This legislation also gave landowners and occupants the responsibility to prevent the growth of marijuana on their property, only for the act to be later repealed by the Weeds Act. With the prolonged public and political concern, the Abuse of Dependence-producing Substances and Rehabilitation Centers Act, and Drugs and Drugs Trafficking Act, were introduced. Drugs and Drugs Trafficking Act, mentions that, no one can use or be in possession of drugs or should have any substance that can be used to produce drugs of any nature, unless if that drug or substance is provided or prescribed by a doctor or a medical practitioner and it must be backed up with evidence such as a doctor’s note. If any person was found in possession of drugs or any dependence-producing substance, they will be jailed as drugs are illegal in South Africa. All this was prior to the case of Prince v The Minister Cape of Good Hope, whereby Prince was an individual who had passed his bar exams but was considered unfit to practice as an attorney in terms of the Admission of Attorneys Act. According to Prince, the act infringed on his right to freedom of religion as a Rastafarian. This rule did not terminate the fact that being in possession of dagga is a criminal offense, if one is found in possession of dagga exceeding 159g, they will be taken for questioning or be jailed. Many people misunderstand the ruling of the case, which states that you can smoke and cultivate dagga only in your private use.According to section 22A (10) of the medicines and related substance act, which states Notwithstanding anything to the contrary contained in this section, no person shall sell or administer any Scheduled substance or medicine for other than medicinal purposes: Provided that the Minister may, subject to the conditions or requirements stated in such authority, authorize the administration outside any hospital of any Scheduled substance or medicine for the satisfaction or relief of a habit or craving to the person referred to in such authority. A scheduled substance is defined by the act as any medicine or other substance prescribed by the Minister. This implies that a person can only use medication for medical purposes only. Cannabis can also be used for medical reasons if it is regarded as a scheduled substance. The constitution, confers the right to privacy to each and every legal subject of the Republic of South Africa. This states that every legal subject has the right not to have their person or home searched; their property searched; their possessions seized, or the privacy of their communications infringed. That is what gives individuals the argument as to why being searched for cannabis is an infringement to the right to privacy of the individual at concern. The legal question in the case of Prince v President of the Law Society, was whether a person can be admitted as an attorney although he or she consumes cannabis for any provided reason. The court ruled that the use and possession of cannabis was a criminal offense stated by section 4(b) of the Drug Trafficking Act, therefore the court argued that the judgment was a reasonable and justifiable limitation of his constitutional rights to religion. The recent development of the case of the Minister of Justice v Prince,was in 2018, whereby Prince used the right of privacy as his basis of argument. His appeal was upheld this time. The court ruled that criminal prohibition of possession, use or cultivation of cannabis by an adult person for personal consumptions in private is an infringement of the right to privacy. Section 21(1)(a)(i) of the Drugs and Drugs Trafficking Act (The Act) was found unconstitutional as it was in conflict with the provisions in the Constitution of the Republic of South Africa (The Constitution). Section 21(1)(a)(i) of the Act imposes a burden of proof on the accused (reverse onus), which contravenes with section 25 (3) of the constitution which provides that every accused shall have a right to a fair trial which includes the right to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during a trial. This was debated in the judgment by Marais J where he/she questioned the constitutionality of the presumption of section 21(1)(a)(i) of the Act, on which the correctness of the conviction on Mr. Bhulwana depended on. Mr. Bhulwana was convicted of dealing with dagga and fined R500,00 with the alternative of 6 months imprisonment and in addition, a 12 months’ imprisonment was suspended for 5 years on condition that he does not commit a crime of the same nature.South Africa has over the years argued with the facts of Legalization or Decriminalisation of marijuana and has opposed the motion even with the growing global support around the issue of legalizing and decriminalizing certain drugs (that is, those that are seen as “less harmful” illicit drugs, such as marijuana). Some people may have a negative attitude towards marijuana all together but this is due to misinformation as Van Niekerk, states that marijuana is less harmful than the two legalized drugs, alcohol and tobacco, as it may have potential medical benefits. South Africa has thereafter consulted with medical experts who are researching the medicinal use of marijuana, as a result some research by certain authors has shown that the use of cannabis (marijuana) and/or its active ingredients (synthetic forms such as dronabinol) has been tried out in patients with HIV/AIDS, in order to improve appetite, promote weight gain and mood lifting. Marijuana has been in use for millennials ” for recreational, domestic, medical and spiritual purposes. Medical marijuana has been advantageous for certain treatments of chronic pain, other medical indications for its use include spasticity (as with multiple sclerosis and paraplegia) and nausea and vomiting, which Doctors argue based on when introducing the benefits of legalizing the use of medical marijuana. Part of the attraction rests in the general perception that marijuana is pleasurable and relaxing without the addictive properties of opioids and stimulants, as well as its ready availability and its wider social acceptance.The Cannabis industry can generate a lot of money as seen in a report showing the figures of how much profit was made through Cannabis. Cannabis can be used for medical and recreational purposes. In the U.S it was estimated that in 2015, there was $4.4 billion spent for the consumer market for medicinal and recreational purposes. The amount was due to the 4.1 million consumers. The amount was expected to increase in 2019 to an estimated $9.5 billion as it was estimated that the consumer market would increase to 7.3 million consumers due to consumer increase in demand. If cannabis was to be legalized federally, then it was estimated that the market would increase to $37 billion within the next five years. The demand for cannabis is growing rapidly and this has not only been observed in the U.S. but in other countries too. Cannabis is a massive market and the farming of cannabis could lead to an increase in the economy of South Africa as the climates in South Africa are ideal for the crop and the superior genetics. The market for recreational cannabis is seen as being much lucrative and it is even more than the market of medicinal oils. Africa could do well with the income of cannabis farming and the medicine produced would also be useful as a comparison show that the price of recreational cannabis is around (R11 000/kg). This means that there could be benefits due to the legalization of cannabis, but the legalization should be done in such a manner that uplifts and promotes social sustainability to the local communities.In conclusion with recent developments and professional medical researches conducted by South African medical experts over the years, the legalization and decriminalization of marijuana legislation should be approved provided reports show certain medical health benefits from the use of cannabis and/or its active ingredients as shown in the above argument. In relation to religion, the legalization and decriminalization of marijuana prevail over the clash between the law and individual morals, religious views and cultural values of societies that believe in the use of marijuana. The plantation and cultivation of marijuana are beneficial to the country’s economy as the consumer market of marijuana is rapidly growing due to the medical and recreational demand of the plant, as such the South African geographical climate serves as a good plantation area for marijuana.