RasTafari Nation Adwa Movement - Cape Town, South Africa

State Ministries Fail to File in Urgent Cannabis Case
Court rejects delay bid and sets June hearing amid questions over state preparedness

A High Court challenge to South Africa’s cannabis laws has turned into a test of government readiness after several ministries arrived in court without filing their answering papers.

The application was brought by Gareth Prince, the RasTafari Nation Council, and a group of small-scale farmers. It seeks urgent relief against ongoing arrests, the destruction of cannabis plants, and the exclusion of traditional growers from the legal economy. The case forms part of a broader constitutional challenge to the Cannabis for Private Purposes Act 7 of 2024 and the Hemp Regulations.

When the matter was called on 14 April 2026, state respondents, including ministries responsible for policing, trade, and agriculture, told the court they had not filed answering affidavits. They said they needed more time and asked that the case be removed from the urgent roll and placed on the ordinary roll. That move would likely have pushed the hearing to late in the year.

The request was refused by Acting Judge Mnengwana. Instead, the court issued a timetable. The respondents have 20 days to file their affidavits and a further 15 days to submit heads of argument. The matter has been set down for 08 June 2026.

Courtroom observers described the state’s failure to file as a basic procedural lapse in a case that has been in preparation for months. The application deals with active enforcement practices, including arrests for private cannabis use and the destruction of plants without court orders. These are not abstract questions. They affect people on the ground on a daily basis.

The applicants argue that while communities face immediate policing, the state moves slowly when required to justify its actions in court. The attempt to shift the matter to the ordinary roll is seen by some as an effort to buy time in a case with growing public interest.

The court’s decision keeps the matter alive on an expedited track. It also places pressure on the respondent ministries to meet clear deadlines ahead of the June hearing.

As the case moves forward, attention will turn to the substance of the legal challenge. For now, the focus remains on whether the state can meet its own procedural obligations in a matter that goes to the heart of rights, regulation, and economic inclusion.
#cannabiscures #MedicalMarijuana #HealTheNation #feedthenation

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