The ruling was handed down today.
However, until the Constitutional Court confirms the ruling and refers it to the National Assembly it’s still illegal in terms of the country's laws.
The court has allowed for the possession, cultivation and use dagga at home, for private use.
It’s also ruled that sections of the Drug Trafficking Act, as well as the Medicines Control Act, needed to be amended.
Activist and lawyer Gareth Prince said: “Although the Western Cape High Court made the finding today, our law requires that this finding will still have to be confirmed by the Constitutional Court. So obviously, we would have to go back to the Constitutional Court for a confirmation hearing. But we believe that it’s a slam dunk, it was a unanimous decision made here at the Western Cape court. Three judges declared the law to be unconstitutional."
