Dale McKinley: The Fight to Get Marijuana Legalised in South Africa Centers on Equality
Researcher, writer and activist Dale McKinley has written an article for The South African Civil Society Information Service (SACSIS) on the fight to decriminalise marijuana in South Africa, which he says is an issue centered on equality.
The case “which is being pursued by Julian Stobbs and Myrtle Clarke (a.k.a., the ‘Dagga Couple’) through FGA, is developing serious and convincing legal arguments for full decriminalisation that are focused on the equality clause [Section9(1)] of the Constitution”, will be heard next year March in the North Gauteng High Court.
It is 2016, the 20th anniversary of South Africa’s Constitution. Alongside all sorts of official festivities, a sizeable portion of the population is celebrating the recent decision by the Constitutional Court to declare the Drugs and Drug Trafficking Act (No. 142 of 1992), a piece of legislation embedded in over a century of colonial, racist politics and wrapped in layers of ideologically and morally manipulated misinformation and ignorance, unconstitutional.