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South African legal case
Not to be confused with Minister of Justice and Constitutional Development v Prince.
Prince v Law Society
Court
Constitutional Court of South Africa
Full case name
Garreth Prince v President of the Law Society, Cape of Good Hope and Others
Decided
25 January 2002 (2002-01-25)
Docket nos.
CCT 36/00
Citation(s)
[2002] ZACC 1; 2002 (2) SA 794; 2002 (3) BCLR 231
Case history
Appealed from
Supreme Court of Appeal – Prince v President of the Law Society, Cape of Good Hope and Others [2000] ZASCA 172
High Court of South Africa, Cape Provincial Division – Prince v President of the Law Society, Cape of Good Hope and Others 1998 (8) BCLR 976 (C)
Related action(s)
Prince v President of the Law Society of the Cape of Good Hope and Others [2000] ZACC 28 (leave to deliver further evidence)
Court membership
Judges sitting
Chaskalson CJ, Ackermann, Goldstone, Kriegler, Mokgoro, Ngcobo, Sachs and Yacoob JJ, and Madlanga AJ
Case opinions
Decision by
Chaskalson CJ, Ackermann and Kriegler JJ (Goldstone and Yacoob concurring)
Dissent
Ngcobo J (Mokgoro, Sachs and Madlanga concurring)
Dissent
Sachs J (Mokgoro concurring)
Prince v President of the Law Society of the Cape of Good Hope and Others is a 2002 decision of the Constitutional Court of South Africa in the area of criminal law. It concerned the constitutionality of criminalising cannabis given Rastafaris' constitutional right to freedom of religion. A majority of the court held that the Constitution did not obligate the state to exempt bona fide religious uses from statutory prohibitions against cannabis use and possession.
The court divided sharply on the issue, with the bench split five to four. Chief Justice Arthur Chaskalson, Justice Laurie Ackermann, and Justice Johann Kriegler wrote for the majority, while Justice Sandile Ngcobo, for the minority, argued that a religious exemption would protect Rastafaris' constitutional rights without any severe detriment to the government's policy objectives.
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