Dagga couple want to join second court battle for legalisation (original) (raw)

The court gave parliament 24 months to amend the Drugs and Trafficking Act and Medicines and Related Substance Control Act.

Clarke said in her affidavit that if she and Stobbs were admitted as friends of the court they would argue that clauses in the two acts were based on “manifestly impermissible racist and moralistic justifications”.

The case brought by Prince and Acton was “unique in that the matter is one of significant public interest and importance‚ invoking a consideration of a vast number of constitutional rights whilst‚ at the same time‚ all of the protagonists on one side of the argument are not represented by counsel”.

Clarke said it was clear from the papers Prince and Acton had filed that they had been prepared “without the benefit of the input of counsel or attorneys”.

She added: “Therefore‚ whilst the arguments advanced and the submissions made ... may‚ to the eye of a lay person‚ appear to be coherent‚ they nonetheless lack the construction and lucidity of argument which would otherwise be present‚ had they had the benefit of counsel’s assistance”.

It would be a disservice to the administration of justice if their arguments were not “supplemented” by proper legal argument‚ she said.