Parliament: Dagga Bill goes up in smoke

A litany of flaws in the Cannabis (dagga) for Private Purpose Bill could see it further delayed from being signed into law by President Cyril Ramaphosa.

Dagga activists, industry players and rural hemp-producing communities yesterday expressed unhappiness about being disempowered by the draft law.

While trade union federation Cosatu said it expected the Bill to be signed off during this year’s parliamentary session, dagga industry players warned during the portfolio committee on justice and correctional services public hearings, that – if passed in its current form – the law could trigger a flurry of court challenges.

‘Unconstitutional’

While fully in support of a comprehensive cannabis legislation that would facilitate the emergence of a hemp industry, lawyer Paul-Michael Keichel said the Bill would “not achieve that”.

“We believe that some aspects of the Bill are unconstitutional,” said Keichel. “This would further delay the emergence of a healthy cannabis sector.

It has, with respect, attempted to claw back on limitations to the right to privacy and other fundamental constitutional rights that have already been relaxed by the Constitutional Court.

“We cannot see how this will survive legal challenge under Section 36 of the constitution – particularly since the state will bear the burden of justifying the reasonableness and rationality of those intended rights limitations.”

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Submission

Making a submission on behalf of the Theocracy Reign Ancient Order of the Nyabinghi of South Africa, chief Ras Ncamile “Kebra” Sotyu said: “The list of hemp varieties approved by the Plant Improvement Act is mainly cultivars listed in European Union or North American-approved registers – featuring only seed supplied by foreign registered seed suppliers.”

Cosatu parliamentary coordinator Matthew Parks said while they welcomed the Bill in principle, it was “concerned that several key provisions contradict and undermine the Constitutional Court directive to legalise the sector”.

“The federation is equally worried that we are rapidly running out of time before the sixth parliament concludes its work.”

The hearings continue today.

READ MORE: ‘It will create a police state’: Dagga Party calls cannabis bill ‘fascist’

– brians@citizen.co.za