Tapiwanashe Chriswell Mukandi v Minister of Health and Child Care N.O. and Minister of Justice, Legal and Parliamentary Affairs N.O. and Minister of Home Affairs and Cultural Heritage N.O.

Key Issues

• {"issue_text":"Whether sections criminalizing private cultivation, possession and use of cannabis by adults infringe the constitutional right to privacy","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant prohibited from using cannabis in private home"}
• {"issue_text":"Whether the distinction between cannabis users and alcohol/tobacco users violates the constitutional right to equal protection and benefit of the law","issue_type":"constitutional","dispositive":"yes","related_facts":"Cannabis criminalized while more harmful substances are legal"}
• {"issue_text":"Whether criminalizing cannabis consumption infringes the constitutional right to bodily and psychological integrity","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant cannot choose what to consume into his body"}
• {"issue_text":"Whether the limitation of these rights is justifiable under section 86 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"State argues limitation is necessary for public health and international obligations"}

Background