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Subject:
From:
Sidi M Sanneh <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Thu, 16 Nov 2000 14:49:04 GMT
Content-Type:
text/plain
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   JOHANNESBURG, Nov 16 (AFP) - A Rastafarian who smokes cannabis Thursday
sought legalisation of the drug for religious purposes from South Africa's
highest court.
   Gareth Prince, who is banned from practicing law because he smokes the
drug, told the Constitutional Court the criminalisation of dagga, as it is
generally known in South Africa, infringed on Rastafarians' right to
religious
and personal freedom.
   Prince, who has fought several court battles to be allowed to practice
law,
said the ban also infringed on Rastafarians' bodily integrity and right to
choose a profession.
   Dressed in a suit with his dreadlocks hidden under a cap, he reminded the
court that religious freedom was one of the most fundamental rights
enshrined
in the country's bill of rights.
   His lawyer John Abel argued that the drug was an integral part of the
religion, which originated in Jamaica, and was used by rastafarians to
"merge
with the Maker."
   Abel argued that the state should make an exception for Rastafarians in
the
same way it allowed fabric manufacturers to grow hemp and some doctors to
prescribe cannabis for medicinal use.
   Asked by several of the court's 11 judges about the practicality of
making
an exception in the case of Rastafarians, Abel suggested that practising
Rastafarians be issued permits stating that they may smoke dagga.
   The judges said it was difficult to pronounce on the matter because they
had little detail on when and how Rastafarians used dagga.
   "I have difficulty in trying to analyse the situation because of the
paucity of information on record," said Judge Laurie Ackermann.
   Abel responded that Rastafarians took part in regular religious services
at
which dagga was used, but also smoked it for spiritual purposes outside
these.
   The case was to conclude later Thursday, after the court had heard
argument
from the Western Cape prosecuting authorities, who are opposing Prince's
application.
   The Cape Town High Court had earlier dismissed Prince's application,
citing
the dangers of drugs. Its finding was upheld by the Appeal Court.
   Rastafarianism has cultural and political components, with its followers
believing that black people will find redemption by returning to Africa.
   Most revere former Ethiopian emperor Haile Selassie (1892-1975), who was
called Ras Tafari Makonnen, as their god.
   bur-ef/pbl/tm

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