Lawyer Kadhila Amoomo has accused the government of misapplying the legal doctrine of ripeness in a case challenging the criminalization of cannabis.

His client, Brian Jaftha, is asking the High Court to declare laws prohibiting the use and possession of cannabis, commonly known as daga, unconstitutional. He also wants the courts to order the release of all individuals arrested for cannabis-related offences.

The state is opposing the matter, arguing it is premature for the courts to rule on the issue. It says the case is not yet ripe for judicial intervention and should rather be dealt with by institutions such as the Law Reform and Development Commission (LRDC) and Parliament.

Amoomo dismissed the state’s argument as an attempt to delay the case and said the government is misusing the ripeness doctrine to avoid addressing a constitutional challenge.

“The state's argument is not competent,” Amoomo said.

The case is being heard by Judges Dinnah Usiku, Claudia Claasen, and Philanda Christiaan.