Name and Surname: Mbalenhle Ndlovu

Student Number: 22215465

Module Code: ENFL6112
TASK 2
Task 2: Reading Judgements.

Case: Minister of Justice and Constitutional Development and

Others v Prince and others 2018 (6) SA 393 (CC)

Q.2.1 The presiding officer in this case who delivered the majority judgment of the court is
Zondo ACJ. 1

Q.2.2 The legal representative for the applicants in the matter is: T J B Bokaba SC, S Poswa-
Lerotholi, P Mhlana and P Jara who were instructed by the State Attorney, Cape Town. 2

Q.2.3 Amicus Curiae is a professional person that assists the court of law by providing
information or advice on matters of the law. An Amicus Curiae may also be referred to as “a
friend of the court”.

Q.2.4The facts of the case are that on the 18th of September 2018 the CC was to hand down
a judgment in the application for the confirmation of an order of constitutional invalidity made
by the High Court of South Africa, Western Cape Division, Cape Town which declared
legislation criminalising the use, possession, purchase and cultivation of cannabis
unconstitutional. This however was a big contradiction as to section 14 of the Constitution. The
matter came about the establishments of sections of the Drugs and Drug Trafficking Act 1403 of
1992 and the Medicines and Related Substances Control Act 101 of 19654 were constitutionally
invalid5.

Q.2.5 The legal question before the court in regards to this case would be whether an
individual may be criminalised for the use or possession in private or cultivation in a private
place of cannabis by an adult for their own personal consumption in private according to
section 14 of the Constitution6? Whether this act of being criminalised works in
contradiction of section 14 of the Constitution.

1
minister of justice and constitutional development and others v prince and others 2018 (6) sa 393 (cc)
2
minister of justice and constitutional development and others v prince and others 2018 (6) sa 393 (cc)
3
Drugs and Drug Trafficking Act 140 of 1992
4
Medicines and Related Substances Control Act of 101 of 1965
5
minister of justice and constitutional development and others v prince and others 2018 (6) sa 393 (cc)
6
Constitution of the Republic of South Africa, 1996. Section 14
Q.2.6 The ratio decidendi taken for this case was a result of the Western Cape Division of
the High Court declaring the invalidity provisions of the sections that refer to the use or
possession of cannabis in private place other than private dwelling by an adult for their
personal consumption and hence ordering it not to be confirmed. As a result of that order
the provisions of section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 7 with
inclusion to part 3 of schedule 2 of the act and section 22A(9)(a)(1) of the Medicines and
Related Substances Control Act of 101 of 19658 are presumed to be inconsistent with that of
section 14 of the Constitution (privacy) and therefore are invalid to the extent that they
make the use or possession of cannabis in private by an adult in their personal consumption
in private a criminal offence9. Also, that Section 1 of the Drug and Drugs Trafficking Act 140
of 1992 “deal in” are inconsistence with the right to privacy in section 14 of the Constitution
as they are constitutionally invalid as they prohibit the cultivation of cannabis by an adult in
a private place for their personal consumption10.

Q.2.7 According to the order given in the case, Section 1 of the Drug and Drugs Trafficking
Act 140 of 1992 “deal in” will be read as “Other than the cultivation of cannabis by an adult
in a private place for his or her personal consumption in private” however appearing after
the word cultivation and before the comma11.

7
Drugs and Drug Trafficking Act 140 of 1992. Section 4(b)
8
Medicines and Related Substances Control Act of 101 of 1965. Section 22A(9)(a)(1)
9
Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC)
10
Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC)
11
Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC)
REFERENCE LIST

Legislation:

Constitution of the Republic of South Africa, 1996. Section 14

Drugs and Drug Trafficking Act 140 of 1992. Section 4(b)

Medicines and Related Substances Control Act of 101 of 1965. Section 22A(9)(a)(1)

Case law

Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6)
SA 393 (CC)