In one week’s time, on the 12th October, we hand in papers to the Pretoria High Court serving summons on the SA Govt. The various departments have 20 days reply to our claims that parts of the 1992 Drugs and Drug Trafficking Act are unlawful, unconstitutional, outdated and an infringement of our Human Rights.

The next step will be for the ‘powers that be’ (and opposition groups) to defend their laws against our charges. This will happen in the High Court with the view to deciding the “Constitutionality” of the matter. If they decide that our charges are invalid, we will be sent back to the Magistrate’s Court to stand trial. If our charges stick, the Constitutional Court is the next step.
There is the possibility that they bog us down in a bureaucratic quagmire because the case is such a hot potato. We know that this has happened to others who have tried the long and weary path to the highest court in the land. We are very aware that contentious cases can just fizzle out along the way.

We are not going to let that happen, though. Our lawyers have stated more than once that they will chase every deadline along the way.
Our legal team is upbeat and we are working hard to learn the pitfalls of the system. We get the feeling that they really want this case to go all the way because as anti-prohibitionists, they really want to see a change in the laws of the land.

One other scenario is in the mix too. Maybe they just drop the case….it’s possible that the State just doesn’t want to face the fight because they know their defense cannot come up with any evidence that Dagga should be a schedule one drug, that it’s harmful to us and society and there is no medicinal value to the plant whatsoever. If this happens then we would never be able to challenge the courts again in this matter, BUT, then it’s cool for everyone to have a stash of  Dagga in their attic. Because we are trying to get this case as high profile as we possibly can, it’s unlikely they will go this route, but it’s still possible.

By Christmas we’ll hopefully know what direction we will be going in. All of it sends shivers down our spines as it’s not cool being in the dock, even at Magistrate’s Court level.  It won’t be any less scary in the dock of the High Court.

The most important part of this whole journey is that we are telling the truth. We are not trying to sneak our way out of anything and get the charges dropped (we’ve had ample opportunity to do so in the last year). We smoke dagga, we had it in our house and we’re guilty in the eyes of the law. It’s just that we KNOW that the law is unlawful.

As next year unfolds we will be looking  for expert witnesses in the medical, agricultural and law enforcement fields to state under oath that the Dagga laws are outdated, racist and unjust. This is our greatest challenge because there are no real SA academic experts on the subject. There haven’t been any studies done in SA because it’s all so illegal. Eish! Big catch 22.

So, we are looking abroad for our experts and then our costs go up to get these people here to testify. The difference between anecdotal and empirical evidence is all important here.
Video is inadmissable, so is a pdf file of  ‘cannabis cures cancer’, for example. Each piece of evidence we submit needs to be backed up by expert witnesses. The judge wants experts in the flesh to state their knowledge, and to be cross examined. There is no way the State is going to make this easy for us.

However, we are heartened by the progress many countries around the world are making on the medical and social aspects of Dagga. Prohibition’s days are numbered as  legislation is challenged across the globe.

What we really need is a truly great, strong and courageous leader to take the bull by the horns, throw caution to the wind and legalize Dagga. Not only in SA but  Swaziland and Lesotho as well. This great plant can ultimately help us and our neighbours to enhance our standards of living, produce a cash crop, feed  livestock, make clothes, build houses and make Southern Africa an economic powerhouse the world will look up to.

Come on South African law makers. Do the right thing…..the writing is on the wall. Be courageous, RE-LEGALISE this plant and make South Africa a world leader…..