The Law in SA..

Here is a little titbit of information for all of you affected by the law in the Republic Of South Africa...Let me cut and paste the important bits from the South African Governments' own website. I will underline the most important laws that the state breaks every time that it arrests or detains anyone in any cannabis related incident.

Constitution of the Republic of South Africa, 1996

Chapter 2. The Bill Of Rights.# It begins..

7. Rights

1. This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
2. The state must respect, protect, promote and fulfill the rights in the Bill of Rights.
3. The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.

#Now the important bits..

8. Application

1. The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.

#Which means, this is the LAW. This is democracy in action, the State kept in check by the judiciary and everyone kept in check by the Constitution...Anyway the most important bit next before going back to more important bits in previous sections..

12. Freedom and security of the person

1. Everyone has the right to freedom and security of the person, which includes the right *
   1. not to be deprived of freedom arbitrarily or without just cause;
   2. not to be detained without trial;
   3. to be free from all forms of violence from either public or private sources;
   4. not to be tortured in any way; and
   5. not to be treated or punished in a cruel, inhuman or degrading way.
2. Everyone has the right to bodily and psychological integrity, which includes the right *
   1. to make decisions concerning reproduction;
   2. to security in and control over their body; and
   3. not to be subjected to medical or scientific experiments without their informed consent.

#There we have it in black and white.. or whatever color your background is! haha.. and wait..more :

16. Freedom of expression

1. Everyone has the right to freedom of expression, which includes *
   1. freedom of the press and other media;
   2. freedom to receive or impart information or ideas;
   3. freedom of artistic creativity; and
   4. academic freedom and freedom of scientific research.
2. The right in subsection (1) does not extend to *
   1. propaganda for war;
   2. incitement of imminent violence; or
   3. advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

#Now I do not know of a medicine that is not 'snake oil' or 'chemo' that is not used on or within a body. Both of which should be the only ones banned as they are in no good interest of the society but that is another story. So..

Our government may have a verbatim copied legacy law from the UN regarding medicines and scheduled substances but this is actually ILLEGAL. The medicines and scheduled substances act is in South Africa, a law that is itself criminal as no-one has given the state the right in the first place to decide what medicines we can and cannot take. In clear english and in other words, any citizen of the Republic of South Africa has the right, firmly entrenched within the Bill of Rights- section 2 of the Constitution, to be the last and only person who has the final say over their body and the security ( Of which health and medicine is) thereof. The state has never in the new South Africa had the right to schedule drugs, only you can for you.

Millions of people here have been imprisoned for doing something which is their right, never mind constitutionally protected cultural heritage with a long history predating the law by at least a thousand years. Even the physical actions of my arms to grow a plant ( which are thought to be illegal) are my own right to make or do, and is protected by law, so long that they are not inciting violence or advocating hatred etc.. The state cannot make the action criminal, doing so is clearly in the eyes of the highest law of the land, criminal itself.

And to go back...

9. Equality

1. Everyone is equal before the law and has the right to equal protection and benefit of the law.
2. Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
4. No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.
5. Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.

10. Human dignity
Everyone has inherent dignity and the right to have their dignity respected and protected.



# So the law is there to protect you and your rights, that is what your taxes pay for. Regarding making decisions on which medicines and drugs you can and cannot take, the state has no right, not since the advent of the new South Africa at least, only we the sales-tax paying citizens have that right. Here you have it clear in the law of our land..

If someone tells you what to do with your own body against your will, be it the president, mr policeman, your doc or the judge, tell them to go fuck themselves in return as they have just disrespected your basic human rights. That and that alone is the cornerstone of democracy! The citizens standing up for themselves, holding the state itself accountable and forcing it and the judiciary itself to respect the law! There is no point to having the freedoms and rights entrenched in law if we are not prepared to stand up for them! Light up a fatty in plain sight and scent just to make a statement about your rights to control over your own body and tell unjust laws and corrupt courts, cops and officials where to go! Tell this to every toker you know and we might get somewhere..


Like someone said once regarding Cannabis law, the time for debate is long over... now there is just a circus!

"You must spread some reputation around before giving it to Maryjaneismyfre again"
Good stance to take if you have the time and resources to take it the whole, long haul

For one person yes.. when a whole load of people realize that the 'gov never got given the right to schedule there in the first place it will just take a stand-off, a whole bunch of noise and some blue-grey clouds People get jailed daily for something which is a part of their local culture for more than a thousand years, and their right and medicine. No one is free?

Yeah, I see where you coming from, repercussions are more serious for some than others though, eg. If I took a stand publicly, and failed, my potential career as a psychologist would be off to a terrible start, shooting myself in the foot vibe. Rather stay below the radar if I can. Your approach is logical, sensible and admirably defiant though, I salute you

People get jailed daily for something which is a part of their local culture for more than a thousand years, and their right and medicine. No one is free?

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Ja, since we were the first to jump on the prohibition train its about time we got to jumping back OFF!

Yeah, of course no-one wants to stick their neck out and get their head chopped off. I'm not one either..I was though just posting this to educate those on their rights, as far as law goes it just takes one. There are already cases pending, including one in the constitutional court based on a similar but much more comprehensive argument. I also fully get the one of the other arguments in this case that even the wording of the scheduling act containing the word 'dagga' is unlawful and originates from racist action which would I think make it 'hate speech'.

The point is to get it out there and make people aware. It just takes one person with enough resources and time and balls, who has had enough, to turn the whole thing inside out. Just one ruling in the constitutional court would set binding precedent and wipe entire legislative acts off the slate overnight. The thing is.. the law is in this case clearly unlawful. And it is a lower law. And the binding law is much newer and the application is as yet largely untested nor yet remotely explored. It all has ramifications for the balance of power between legislature, state and the judiciary and the relative respect for the constitution in a new democracy, it all makes for interesting viewing..

I wish the 'dagga couple' and all unfairly persecuted medicators or providers the best.
Bom Shiva. Om gam Ganapataya om. Keep yer eyes on the road and yer hands on the wheel my friends.

The point is to get it out there and make people aware. It just takes one person with enough resources and time and balls, who has had enough, to turn the whole thing inside out. Just one ruling in the constitutional court would set binding precedent and wipe entire legislative acts off the slate overnight. The thing is.. the law is in this case clearly unlawful. And it is a lower law. And the binding law is much newer and the application is as yet largely untested nor yet remotely explored. It all has ramifications for the balance of power between legislature, state and the judiciary and the relative respect for the constitution in a new democracy, it all makes for interesting viewing..

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Couldn't have put it better, lets hope the DC trail-blaze a path towards justice for others to follow. Let me know when your around again, must make a plan to pull in without time constraints, chat

People get jailed daily for something which is a part of their local culture for more than a thousand years

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I think after reading the 'dagga news", there are posisbly between 10-15 arrests per day in South Africa including SADC, this is what I have only seen reported, much more perhaps that goes unreported, as we know how much the government likes keeping ganja under wraps. It deeply ingrained in society, and we have a very colourful dagga culture in South Africa that crosses all racial and religious borders. And sadly people just accept their sentences from the courts. Until information gets out there and we in mass stand against these old outdated laws, what is going to happen?

Yeah, of course no-one wants to stick their neck out and get their head chopped off.

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there have been quite a few people stickiing their necks out against the law, some notibles in Southern Africa are Dr Ben Dlamini, Dagga Couple, Dagga Party, Gareth Prince, POPCRU ( serious )Hemp initiatives. the dagga couple is really driving activism in SA, and I hope they get somewhere and confident they will. I just rate its going to take alot of education for people to change their perception of cannabis. I mean I still feel guilty smoking a joint in a backstreet.

free the weed, its about time.

Wait till a nation ruled under a king, within our borders, stands up for their rights.. Ek se niks..

And so I lit fatty a fatty in plain sight in defience for all these years and posted this shit up, printed, on windows of copshops while smoking a fatty and no-one ever stopped me or objected to my said fatty.. South Africans are a lot more tolerant that we give ourselves credit for..Yeah it has been legal since '96 folks thanks for catching up.

"[FONT=Arial, Helvetica, sans-serif]The point is to get it out there and make people aware. It just takes one person with enough resources and time and balls, who has had enough, to turn the whole thing inside out. Just one ruling in the constitutional court would set binding precedent and wipe entire legislative acts off the slate overnight. The thing is.. the law is in this case clearly unlawful. And it is a lower law. And the binding law is much newer and the application is as yet largely untested nor yet remotely explored. It all has ramifications for the balance of power between legislature, state and the judiciary and the relative respect for the constitution in a new democracy, it all makes for interesting viewing.."

Hey I told you so ey..hahaha Been telling folks for lot longer like than and people listened to me and gave me that look like I was mad..oh yeah..off the rails mate! But.. quite correct.. hahaha.Most people in countries that are bound to UN law could take up the same argument to international court and have national laws overturned even..My legal mates were in that courtroom in SA for the historic judgement and they have already been to geneva to discuss this specifically at higher levels..and I've said it before.. it just takes resources and balls but most of the worlds drug laws are illegal..and could be over-turned if one wished..actually.


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