Cannabis activist jailed
Constitutional High Court challenge continues
The president of GUN and RUF was sentenced to two years in prison yesterday after violating the law five years ago.
The president of the Ganja Users of Namibia (GUN) and the Rastafari United Front (RUF), Brian Jaftha, was sentenced to two years in prison on Monday after being arrested five years ago in possession of cannabis.
Jaftha said the court did not consider his defence, which included that the investigating officer is deceased and therefore could not be cross-examined, or that the plant material found in his possession was never tested.
He said the court was prejudiced against him before adding "see you in two years."
"We did not represent him in this case; I think he represented himself," his legal representative, Kadhila Amoomo, said on Monday.
He said Jaftha's prison sentence does not mean the end of the constitutional challenge.
Amoomo's law firm will represent Jaftha for free in the constitutional case.
Not as dangerous as booze, tobacco
Jaftha, along with GUN's secretary-general, Borro Ndungula, is an applicant in the ongoing legal battle challenging the constitutionality of the criminal prosecution of cannabis users. "The law continues to subject many Namibians to that criminal prosecution. Jaftha is just the latest victim," says Amoomo. "Namibia should wake up and join the rest of the civilised countries where the legal use of cannabis is allowed," he said.
Angela Prusa, founder of the Cannabis and Hemp Association of Namibia, said: "Our brother in the struggle to liberate the plant and rectify the apartheid law has been sent to prison for possessing a plant that is not as dangerous as alcohol or tobacco. A plant that can make people and animals healthy and from which we can make hundreds of sustainable products."
She said the United Nations had already removed cannabis from the list of dangerous drugs in 2020. The legislation applicable in Namibia was declared unconstitutional in South Africa in 2018 in terms of the consumption and possession of cannabis in private homes.
Cannabis arrests
The Namibian police arrested a 37-year-old man in Swakopmund on Friday with approximately 2 kg of skunk cannabis, estimated to be worth N$100 000. On the same day, a Namibian man (49) was also apprehended in Nkurenkuru.
An eighteen-year-old Namibian man was apprehended on Saturday in Ariamsvlei when he attempted to visit a detainee at the Ariamsvlei police station, while young men were also arrested over the weekend for the possession of cannabis in Kalkrand and Rehoboth.
Legal challenge
On 12 September, High Court Judge Eileen Rakow instructed Jaftha and Ndungula to exchange their submissions and evidence with the state by 11 November regarding the constitutional challenge. They must also share witness statements and expert testimonies by 27 November and participate in mediation, where state prosecutor Jabulani Ncube will represent the State.
Rakow said all parties must provide feedback on the mediation by 30 November 30, and the case will resume on 5 December.
Jaftha and Ndungula instituted the case on 19 August 19 2021. Since then, the Attorney General, Nampol's Inspector General, the justice minister, the health and social services minister and the government have also been summoned in the case.
The claims include declaring the current legislation against the possession and consumption of cannabis by adults unconstitutional, removing it from the schedules of prohibited drugs, granting amnesty to Namibians serving prison sentences for cannabis offences, and expunging cannabis-related offences from criminal records.
The government, the justice minister, the Inspector General, and the Attorney General are opposing the claims, while the health minister has refused to provide further information in a sworn statement.
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Jaftha said the court did not consider his defence, which included that the investigating officer is deceased and therefore could not be cross-examined, or that the plant material found in his possession was never tested.
He said the court was prejudiced against him before adding "see you in two years."
"We did not represent him in this case; I think he represented himself," his legal representative, Kadhila Amoomo, said on Monday.
He said Jaftha's prison sentence does not mean the end of the constitutional challenge.
Amoomo's law firm will represent Jaftha for free in the constitutional case.
Not as dangerous as booze, tobacco
Jaftha, along with GUN's secretary-general, Borro Ndungula, is an applicant in the ongoing legal battle challenging the constitutionality of the criminal prosecution of cannabis users. "The law continues to subject many Namibians to that criminal prosecution. Jaftha is just the latest victim," says Amoomo. "Namibia should wake up and join the rest of the civilised countries where the legal use of cannabis is allowed," he said.
Angela Prusa, founder of the Cannabis and Hemp Association of Namibia, said: "Our brother in the struggle to liberate the plant and rectify the apartheid law has been sent to prison for possessing a plant that is not as dangerous as alcohol or tobacco. A plant that can make people and animals healthy and from which we can make hundreds of sustainable products."
She said the United Nations had already removed cannabis from the list of dangerous drugs in 2020. The legislation applicable in Namibia was declared unconstitutional in South Africa in 2018 in terms of the consumption and possession of cannabis in private homes.
Cannabis arrests
The Namibian police arrested a 37-year-old man in Swakopmund on Friday with approximately 2 kg of skunk cannabis, estimated to be worth N$100 000. On the same day, a Namibian man (49) was also apprehended in Nkurenkuru.
An eighteen-year-old Namibian man was apprehended on Saturday in Ariamsvlei when he attempted to visit a detainee at the Ariamsvlei police station, while young men were also arrested over the weekend for the possession of cannabis in Kalkrand and Rehoboth.
Legal challenge
On 12 September, High Court Judge Eileen Rakow instructed Jaftha and Ndungula to exchange their submissions and evidence with the state by 11 November regarding the constitutional challenge. They must also share witness statements and expert testimonies by 27 November and participate in mediation, where state prosecutor Jabulani Ncube will represent the State.
Rakow said all parties must provide feedback on the mediation by 30 November 30, and the case will resume on 5 December.
Jaftha and Ndungula instituted the case on 19 August 19 2021. Since then, the Attorney General, Nampol's Inspector General, the justice minister, the health and social services minister and the government have also been summoned in the case.
The claims include declaring the current legislation against the possession and consumption of cannabis by adults unconstitutional, removing it from the schedules of prohibited drugs, granting amnesty to Namibians serving prison sentences for cannabis offences, and expunging cannabis-related offences from criminal records.
The government, the justice minister, the Inspector General, and the Attorney General are opposing the claims, while the health minister has refused to provide further information in a sworn statement.
– [email protected]
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