Minister of Justice and Constitutional Development v Prince

Minister of Justice and Constitutional Development v Prince [2018] ZACC 30 is a decision of the Constitutional Court of South Africa delivered on 18 September 2018, which found that it is unconstitutional for the state to criminalize the possession, use or cultivation of cannabis by adults for personal consumption in private. The court gave Parliament 24 months to amend the affected legislation, but also granted interim relief which had the effect of immediately making it legal for adults to use cannabis in private, possess cannabis in private for personal use, and cultivate cannabis in a private place for personal consumption.[1]

Minister of Justice and Constitutional Development and Others v Prince
CourtConstitutional Court of South Africa
Full case nameMinister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening); National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others
Decided18 September 2018
Citation(s)[2018] ZACC 30
Case history
Prior action(s)Prince v Minister of Justice and Constitutional Development, [2017] ZAWCHC 30
Appealed fromWestern Cape Division of the High Court
Court membership
Judges sittingZondo ACJ, Cameron J, Froneman J, Jafta J, Kathree-Setiloane AJ, Kollapen AJ, Madlanga J, Mhlantla J, Theron J, Zondi AJ
Case opinions
Decision byZondo (unanimous)

References

  1. de Vos, Pierre (18 September 2018). "ConCourt Cannabis Judgment: What was the reasoning and what does it mean?". Daily Maverick. Retrieved 21 September 2018.
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