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Constitutional Court of South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. The Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. (Banner image credit: By André-Pierre from Stellenbosch, South Africa.)
Physical address
Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017
1 judgment
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1 judgment
Citation
Judgment date
January 2002
Reported
Blanket criminalisation of cannabis is overbroad where it proscribes bona fide Rastafari sacramental use without justification.
Constitutional law – Freedom of religion (ss 15, 31) – Overbreadth – Whether blanket criminal prohibition on use or possession of cannabis invalidly limits religious practice of Rastafari – Proportionality and less restrictive means (s 36) – International drug conventions and constitutional limitations – Remedy: limited declaration of invalidity; legislative cure; suspension of order.
25 January 2002