CCT36/00A

[2000] ZACC 28

2001 (2) SA 388 (CC)

2001 (2) BCLR 133 (CC)

Ngcobo J

16 November 2000

12 December 2000

http://hdl.handle.net/20.500.12144/2120

Appeal from a decision of the Supreme Court of Appeal in Prince v President Cape Law Society 2000 (3) SA 845 (SCA) ; 2000 (7) BCLR 823 (SCA), dismissing an appeal against the decision of the High Court in Prince v President Cape Law Society 1998 (8) BCLR 976 (C), Constitutional Court granted leave to deliver further evidence.

Rastafarian applicant alleging that criminal prohibition on use and possession of cannabis infringed the right to freely practice his religion. The court requested the parties to submit further evidence on affidavit as to the justifiability of the limitation. Section 12(1)(b) of Supreme Court Act 59 of 1959 (quorum of SCA judges when considering the validity of an Act of Parliament) declared inconsistent with the interim Constitution and invalid from 27 April 1994. Maj: Ngcobo J (unanimous).