Court battle to legalise marijuana limps on

The constitutionality of prosecuting marijuana users is still being challenged in Namibian courts.

This while the Namibian Police last week boasted of a massive drug bust, involving the seizure of 113.5 kilograms of marijuana worth N$5.5 million, and the arrest of 34-year-old Gobtlieb Sem.

A battle spearheaded by the Ganja Users of Namibia (GUN) and the Rastafari United Front (RUF), which aims to free cannabis from criminal consequences in Namibia, is being heard in the Windhoek High Court.

According to GUN and RUF president Brian Jaftha, the latest court order in this regard is a positive development.

Last Tuesday, 12 September, Judge Eileen Rakow ordered that plaintiffs Jaftha and GUN secretary-general Borro Ndungula must present their submissions and evidence to the state by 11 November.

They are expected to share witness and expert statements by 27 November, while mediation will also take place – with Kadhila Amoomo representing Jaftha and co and Jabulani Ncube representing the State.

Rakow expects feedback on the mediation on 30 November, and the case will continue on 5 December.

Unconstitutional

Jaftha and Ndungula brought the case on 19 August 2021, claiming that legislation against the possession and consumption of marijuana by adults is unconstitutional, that it should be removed from the schedules for restricted drugs, that Namibians imprisoned for marijuana should be released and that marijuana-related offences be expunged from criminal records.

This follows two cannabis-related offences being brought against Jaftha in 2019, and eight against Ndungula since 2011. These charges have since been merged with the ongoing High Court case.

"The ban [on the possession of marijuana] is irrational and malicious and contrary to the law and legality," the initial complaint read.

Since then, the prosecutor-general, the police inspector-general, the ministers of justice and health and the government have been sued in the case.

Government, the justice minister, the inspector-general and the prosecutor-general oppose the claims, while the health minister refused to make further information available in an affidavit.

Negative consequences

In the defence plea, Ncube said marijuana can cause medical side effects, harm mental health, cause dependence and lead to the use of other illegal drugs. Furthermore, marijuana use impairs driving ability and can lead to negative consequences for society, the State insisted.

Although the prohibition of marijuana does restrict the practice of the Rastafarian faith, it is permissible under the constitution, according to the State.

Furthermore, the illegal trade in marijuana was highlighted, along with Namibia's obligations to international laws and agreements.

In opposition, GUN and RUF members insisted: "Prohibition owes its existence to outdated, unfounded and false beliefs about the harmfulness and addiction-producing effects of marijuana, motivated in part by a now defunct racist political agenda".

Ncube suggested that the Law Reform and Development Commission should review the specific law on marijuana possession.

However, the commission has not responded to the issue.

Already won

According to Jaftha, mediation offers parties the opportunity to find a solution.

Without it, the court case will continue, but he said they have a ‘watertight case’.

"This case has already been won. Without them having to tell us, we already know what is happening right around the world, which is the trend worldwide.

“We and South Africa use the same law, so if it was found against the constitution in South Africa, one does not need rocket science to see that it will also be found undemocratic and in violation of people's rights here in Namibia," he urged.