The Constitutional Court has ruled that the personal use of dagga is not a criminal offence.

Yesterday Deputy Chief Justice Raymond Zondo said "The right to privacy is not confined to a home or private dwelling” ,adding that it will not be a criminal offence for an adult person to use or be in possession of cannabis in private space

He indicated that the judgment does not specify how many grams of cannabis can a person use or have in private.

The ruling follows a Western Cape High Court judgment that the possession, cultivation and use of dagga for private use was allowed.

In contrast The State appealed against that judgment in the Constitutional Court, arguing that the decision was not in line with the values of South Africans.

The court ultimately found it must invoke its powers under section 172 (1) (b) of the Constitution, to order a suspension of the declaration of invalidity for a realistic period to ensure Parliament may correct the defect. The order also makes clear that the relevant provisions are only unconstitutional to the extent that they trench upon the private use and consumption of a quantity of cannabis for personal purposes, which the legislative considers does not constitute undue harm.

The Western Cape High Court also ordered that, in the interim period, prosecutions for personal dagga possession as described in its judgment should be stayed.

It would therefore not be a criminal offence to use or be in possession of cannabis for personal consumption, in a private space.

This also extended to cultivating cannabis in a private place for personal consumption in private.