A landmark ruling that legalises the private use and cultivation of dagga at home has been hailed by a Port Elizabeth activist as the liberation day of Rastafarians.
But the fight to relax dagga laws is not over yet, according to National Rastafarian Council spokesperson Jerome Brown, who said the Constitutional Court ruling on Tuesday was expected but welcome.
Brown, 55, who travelled to Johannesburg with three other Port Elizabeth residents to sit in on the case, said although the ruling did not allow for total legalisation “we are satisfied with this – for now”.
The unanimous Constitutional Court judgment decriminalises smoking dagga at home for adults and growing enough for personal use.
But the court said clearly dagga was not allowed to be smoked publicly. Dealing is also still illegal. As the ruling was handed down, there were scenes of jubilation in court.
One man screamed “Babylon” while others clapped and screamed.
Outside, pro-dagga campaigners lit pipes and rolled joints to celebrate the news, filling the air with the distinctive scent of dagga.
“I’m happy I won’t be getting any more criminal records for possession,” Ruaan Wilson, 29, said before pausing for a puff.
“Now we can get police to focus on real drugs and thugs.”
The case was brought by Rastafarian Garreth Prince and Dagga Party leader Jeremy Acton.
The Constitutional Court was confirming the 2017 Western Cape High Court judgment by judge Dennis Davis that found a ban on dagga use by adults at home was unconstitutional, a move that effectively decriminalised it in the province.
But the ministers of justice, police, health and trade challenged that finding, arguing that there was “objective proof of the harmful effects of cannabis”.
The ruling will not decriminalise the use of the drug in public nor the offences of supplying or dealing – but cultivation for personal use will no longer be illegal for adults.
Previously, possessing, growing or using dagga for personal use – even in small quantities – exposed users to fines or, in rare instances, jail time.
The court accepted medical studies that showed alcohol caused more harm than dagga and that there was little data to show that criminalising dagga reduced harmful use.
Parliament now has two years to amend the relevant laws.
In the meantime‚ the court specified that it had granted interim relief that allowed personal use at home.
Justice Raymond Zondo said he took into account international law allowing the private use of dagga at home.
Zondo was interrupted frequently by cheers‚ screams and applause.
An excited Brown said afterwards: “We are feeling very good. It was only a matter of time. There is still a further way to go as this is not total legalisation, but we are satisfied with it at this point.”
He said it was important that people understood what the ruling meant.
“This judgment does not make ganja [dagga] legal, people must know they must not go and smoke it on the street.”
He said the ruling should put a stop to testing for dagga at schools and places of work.
“If it is allowed, it is allowed,” he said.
Fellow Rastafarian Ismael Peters, 51, who goes by the name Judah, said in Port Elizabeth: “I’m in the clouds.

“I am so excited I can’t even really talk now. This is a total victory for us.”
He said the smoking of dagga was part of the Rastafarian religion.
“To us, this herb is holy. “Now we are able to exercise what we are supposed to according to our religion.
“In the past, we have been prosecuted and persecuted.”
Peters said dagga had the potential to add to the South African economy. On the potential for future changes to the laws, he said: “This has to do with our economy. It is important to us and [dagga production] is economically viable.”
Prince made the same point outside the court.
“Dagga must be used to liberate the country – the green economy must create jobs.
“We have defeated the police state.”
Ismael met a group of fellow Rastafarians later in Uitenhage, where the excited group danced and smoked to shouts of “Freedom!”
SA’s “dagga couple” – Jules Stobbs‚ 59‚ and Myrtle Clarke‚ 51 – who have spent years fighting to legalise the use of dagga for adults, posed for a celebratory photograph in Johannesburg...