In South Africa, Dagga prohibition is currently enforced under the illicit Drug(s) and Trafficking Act 140, of 1992. Dagga is classified as a schedule 1 substance along with some heavies such as heroin, methamphetamine and cocaine.
What is important to note at this junction is that prohibition is enforced through and act of parliament. Acts and statutes are not laws but rather the corporate rules of a corporate government, violently enforced by corporate agents masquerading as peace officers. Natural law does not allow for a crime to exist without a victim and there is no victim of the supposed crimes of cultivation, possession, usage or dealing of cannabis. In fact, those persecuted under this unlawful law are the victims of a crime perpetrated by the state.
While knowing this won’t do you much good if the wrong arm of the law nabs you, it is important to familiarise yourself with the concepts of lawful and legal as it will serve you well when seeking lawful remedy at a later stage.
If you do find yourself the victim of unlawful persecution by agents of the corporation, your best option is to resort to processes within the statutory framework which have been tried, tested and made available by brave pioneers such as #thedaggacouple and Jeremy Acton of #thedaggaparty whereby you can apply for a stay of prosecution in the high court pending the outcome of a constitutional court case challenging the constitutionality of prohibition.
One of the worst things about being detained is the lack of access to information. The mind will go through it’s memory banks with a fine tooth comb in order to garner whatever knowledge is stored there and use it to try and construct possible outcomes. This is why it is important to forearm yourself with as much information as possible prior to the unspeakable transpiring.
Stand strong in your knowledge of the following:
Prohibition is an unjustifiable infringement of the following fundamental rights under Chapter 2 of the South African constitution (Bill of Rights):
- The right to equality (Section9)
- The right to inherent dignity and the right to have dignity respected and protected (Section 10)
- The right to freedom and security of the person (Section 12)
- The right to privacy (Section 14)
- The right to freedom of thought, belief, opinion, conscience and religion (Section 15)
- The right to academic freedom and freedom of scientific research (Section 16)
- The right to freedom of association (Section 18)
- The right to an environment which is not harmfull to health and well being (Section 24(a))
- The right to ecologically sustainable development and use of natural resources (Section 24 (b)(iii))
- The right to access of health care services (Section 27 (1)(a))
- The right of access to sufficient food and water (Section 27 (1)(b))
- The right of citizens to participate in the cultural life of their choice (Section 30)
- the right of citizens to not be denied the right to freely form, join and maintain cultural associations (Section 31 (a))
All of the above infringements on our fundamental rights form the basis of the challenge to Dagga prohibition in the Constitutional Court.
Furthermore, the law against Dagga violates the following rights expressed in the UN Declaration of human rights which is law in South Africa:
- Article 1: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards each other in a spirit of brotherhood.“
- Article 2: “Everyone is entitled to all the rights set out in this declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”
- Article 3: “Everyone has the right to life, liberty and security of person”
- Article 7: “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against discrimination.”
- Article 8: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted to him”
- Article 9: “No one should be subjected to arbitrary arrest, detention or exile”
- Article 10: “Everyone is entitled to a fair and public hearing by an independent and impartial tribunal in the determination of his rights and obligations and of any criminal charge against him”
- Article 12: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence nor to attacks upon his honor and reputation.”
- Article 13: “The family is the natural and fundamental group unit of society and is entitled to protection by society and the state”
- Article 21: “Everyone has the right to a standard of living adequate for the health and well being of himself and his family, including food, clothing, housing and medical care”
While it might not be immediately apparent exactly how some of the articles pertains to prohibition, deeper examination will reveal that they do, for example; Article 21 quoted above ensures our right to a standard of living. It is scientific fact that the Cannabis plant is a natural resource with a proven ability to provide affordable and sufficient nutrition for human health, medicine, housing and clothing. Prohibition effectively bars us from accessing this resource, forcing us to seek expensive alternatives and therefore infringes on our rights.