Concourt rules sections of Drugs act unconstitutional. But ruling makes it clear that the court does not condone drug use by children.
The court has suspended the order for 24 months to give Parliament time to finalise a legislative reform process.
Judge Nonkosi Mhlantla, who penned the judgment on behalf of the court, said the case was not about condoning the use and possession of“Rather this concerns the repercussions … in other words, the question to be answered is this: is the criminal justice system the appropriate mechanism to respond to the use or possession of cannabis by a child or are social systems designed to protect and promote the rights of the child more suitable?” said the judge.
“It is implausible to claim that a child has a right to the personal consumption of cannabis in private. There are valid reasons to protect children from the use of drugs.” The state respondents had agreed that, even if the criminalisation could serve as a deterrent, it was not appropriate. A child could also be declared to be in need of care and protection, if he or she was addicted to a dependence producing substance and was without any support to obtain treatment.
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