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Cannabis activists turn to courts for help

Brian Jaftha and Borro Ndungula of the Ganja Users of Namibia are fighting to compel authorities to free those currently imprisoned on charges related to marijuana, and to have their criminal records wiped clean.
Cindy Van Wyk
JANA-MARI SMITH







WINDHOEK

As more and more countries around the world legalise weed for personal and commercial use, Namibian laws continue to crack down on cannabis users.

In line with this, two pro-weed activists this month launched a civil suit against Namibian authorities to have the legal prohibition against cannabis lifted and declared unconstitutional.

Brian Jaftha and Borro Ndungula of the Ganja Users of Namibia (GUN) are also fighting to compel authorities to free those currently imprisoned on charges related to marijuana, and to have their criminal records wiped clean.

They argue that the legal framework outlawing cannabis use and possession and allowing courts to impose prison terms is “irrational and unjustified” and violates a number of constitutional and human rights.

They further argue that the ban against cannabis is “outdated and unfounded”. They said the harm of arrest, conviction and imprisonment outweighs the harm of the plant on individuals and society.

Part of their lawsuit’s aim is to have cannabis declassified on Namibian statute books as a “dangerous, harmful and undesirable substance”.

The pair are suing authorities with the help of lawyer Kadhila Amoomo.

GUN estimates there are, at the very minimum, 140 000 cannabis users in Namibia. They noted that the figure is likely much higher.

Real harm

“All the evidence presented to government in the past shows that countries that legalised cannabis - and other drugs, for that matter - have had positive outcomes,” Angela Prusa, the founder of the Cannabis and Hemp Association of Namibia (CHAN), said recently.

“Rather than wasting resources catching and jailing non-violent cannabis users, the police can focus on protecting and serving the Namibian population and target rapists, murderers and violent criminals,” she added.

Prusa, who is not linked to the lawsuit but is a staunch advocate for the legalisation of marijuana, added that current Namibian laws targeting cannabis and cannabis users are not based on current science, and instead “destroy our communities by leading to the arrest of breadwinners and traumatising families”.

She said although there is a widespread substance abuse problem in Namibia - including that of legal drugs such as alcohol and cigarettes - investigating the root causes, such as poverty and lack of opportunity, should be prioritised instead of punishing and traumatising individuals.

“Legalising dagga is harm reduction in itself. The war on drugs has failed and is ultimately more harmful than the substance itself.

“Namibia has issues with addiction, but criminalising people for numbing their pain is the opposite of what should be happening. We should focus on trauma therapy and healing these people,” she said.

Our own model

Prusa recently launched CHAN’s website, aimed at educating Namibians on all things cannabis and hemp, and as a hub for pro-cannabis advocates.

She said it’s important that Namibia creates its own model for the legalisation of cannabis that caters to the country’s unique, small population and environment.

“The US and Canada’s medical models with expensive licences will not work. We should focus on community cooperative farming of cannabis so that those who lack land and resources are not excluded, with a focus on the most marginalised and rural communities and, most importantly, those previously harmed by the prohibition of cannabis, with a strong focus on sustainability.”

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Namibian Sun 2024-11-23

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