By Feni Hiveluah
The Ganja Users of Namibia (GUN) has expressed deep disappointment following a High Court ruling that postponed its constitutional challenge against the country’s cannabis laws.
The advocacy group said this in a statement released on Tuesday, adding that while the court deferred the matter to the government, peaceful citizens continue to face unjust criminalisation and human rights violations daily.
GUN secretary general Borro Ndungula emphasised that the state’s success in court was merely a temporary delay based on a procedural technicality rather than a victory on the merits of the cannabis prohibition. He argued that the ongoing legislative delays are causing direct, real-world harm to ordinary Namibians.
“While we respect the judicial process, we must clearly state our position: Justice delayed is justice denied. Let us be completely clear that the State did not win a victory on merits of this case, and the court did not say that the criminalization of cannabis is right,” Ndungula said in the statement.
The response follows a judgment delivered on 9 July by Judge Claudia Claasen in the Windhoek High Court, which upheld a special plea of “non-ripeness” raised by the government. The court ruled that the challenge to decriminalise cannabis is not yet ripe for judicial intervention because the state is actively reviewing and reforming the relevant laws.
According to the judgment, the court highlighted that determining whether to decriminalise, legalise or maintain the current prohibition on cannabis is primarily an executive and legislative function.
Judge Claasen noted that the court must exercise restraint to avoid disrupting ongoing legislative processes and trespassing into the domain of the other branches of government.
“This court is satisfied that the defendants have proven, on a balance of probabilities, that the dispute concerns policy choices and legal reforms which are still under consideration by the political branches. It is premature for the court to intervene and pronounce on the constitutional validity of the regulation of cannabis that is in transition,” the judgment reads.
The plaintiffs, GUN president Brian Jaftha and Ndungula, sought various declaratory orders to lift the absolute prohibition on adult cannabis use, arguing that the colonial-era laws infringe on their constitutional rights to equality, dignity and freedom of religion. However, the state presented evidence that multiple government ministries are currently researching drug abuse and drafting new bills to address drug regulation, rehabilitation and law enforcement.
With the special plea upheld, the lawsuit has been removed from the court roll, leaving the future of cannabis regulation in Namibia in the hands of Parliament.
Ndungula vowed that GUN will intensify its advocacy and maximise public pressure on elected lawmakers until their rights are secured.
“The High Court ruling is a setback, but it is not a defeat. It has simply drawn the battle lines clearer. The responsibility now lies squarely at the doors of the Parliament and Executive branch,” Ndungula said.
