Saturday, 3 September 2011

The Case History | Dagga Couple

The Case History

August 2010

Raided, arrested, charged.

February 2011

Appearance at Magistrates level. Applied to be heard in the Constitutional Court, based on our contention that it is our Human Right to ingest anything we choose to, providing it does no harm to us, or others. Postponed for 60 days by the State.

Our reasoning is based on, and set out in:
‘The Report. Cannabis: The Facts, Human Rights and the Law’. Kenn D ‘Oudney & Joanna D ‘Oudney. SRC Publishing. ISBN: 978-1-902848-20-4

May 2011

Affadavit handed in at the Pretoria High Court on the same day as Magistrate’s Court hearing.
Magistrates Court gives us leave to appeal to the Pretoria High Court for a Constitutional Court hearing but, at the same time, sets a trial date for end of July. This was so that we could stand trial in the event of not being successful with the High Court application.

July 2011

The Honorable Mr Justice Bertelsman grants us 60 days to institute proceedings to challenge the constitutionality of sections 4(b), 5(b) and Part III of Schedule 2 of the Drugs & Drug Trafficing Act, 1992, as it pertains to Dagga.
Charges of possession and dealing have been struck off the roll at the Magistrate’s Court, pending the outcome of the constitutional challenge.

October 12 2011

Date set for the filing of papers containing our argument, at the Pretoria High Court. This is for the court to decide on the constitutionality of the matter.

IF YOU ARE INVOLVED WITH A DAGGA CHARGE AT THE MOMENT OR KNOW SOMEONE WHO IS, THE FOLLOWING INFORMATION IS FOR YOU:

Our case has already set a precedent in South African Law. Your Magistrate needs to see the following documents:

Affadavit (part1)

Affadavit (part 2)

HIGH COURT ORDER dropping charges, pending constitutionality hearing.

IF ANY OF YOU OUT THERE WOULD LIKE MORE INFORMATION ON HOW WE CAN HELP YOU AND YOUR DAGGA CHARGES, EMAIL US, FACEBOOK US, TWITTER US AND WE WILL REPLY TO YOU.

WE CAN DO THIS TOGETHER.