Constitutional Motion Brought by Rastafari Members Against 2019 Sacramental Cannabis Bill: Allegations of Delay by Government

Government has been accused of dragging its feet in the constitutional motion brought by members of the Rastafari faith against the 2019 Sacramental Cannabis Bill.

The charge has come from Paul Ras Simba Rock, as his attorney Lalu Hanuman called the bill a “political gimmick” to make Rastafarians feel as “if they had been given a right”.

“This matter needs to be expedited. It’s a breach of their fundamental constitutional rights in terms of their religious rituals and practices,” Hanuman said.

“The Sacramental Act is just a political gimmick to make the Rastafarian community think at election time that they are getting a right but it’s a hollow, vacuous right. It doesn’t exist,” he said.

The Sacramental Cannabis Act allows for the smoking of marijuana during religious practice in a registered place of worship.

Rock, through his attorney Hanuman, has filed the suit, claiming he should be allowed the right to smoke marijuana in his home as part of his religious ceremonies.

The suit, against the Attorney General, is contending the 2019 Sacramental Cannabis Bill breaches his constitutional rights.

Right to worship

The Rastafarian is saying the act is a breach of his constitutional right to worship in terms of his right to religious belief and the right to freedom of association.

The matter was adjourned when it came up for hearing, before Justice Michelle Weekes, in the No. 8 Supreme Court yesterday. It will now be heard from October 28 to 30.

The Attorney General was represented by Deputy Solicitor General Marsha Lougheed.

King’s Counsel Sir Elliott Mottley was absent, while King’s Counsel Leslie Haynes has since been elevated to Chief Justice.

The Sacramental Cannabis Act states that “a person who is an adherent of the Rastafarian religion shall in the enjoyment of his freedom of religion be permitted to use cannabis as a sacrament in an assembly of, or in association

with, other Rastafarians in a place of worship in accordance with the provisions of this Act”.

Yesterday, Rock, who was surrounded by his witnesses, expressed disappointment with the adjournment.

“This morning (yesterday) we had hoped to go to trial with the matter, seeking to prove the Rastafari home is a place of worship and therein should be recognised in the Sacramental Act that we have,” Rock said.

Disappointment

“We have been coming to court for the better part of three years, four years and what happened [yesterday] was another disappointment because the Attorney General’s Office failed to respect the orders of the court in terms of supplying the particular documentation for us to proceed. I am saying it’s just stalling on the part of the Attorney General’s Office,” he said.

“There was a time that the Attorney General was in the paper talking about the tardiness of the courts.”

He said all his witnesses had taken time from work to be present.

“I feel like I have asked my brethren and sistren to waste their time again. This is unacceptable,” Rock charged, as he said he did not feel he was getting a “fair shake” in the matter.

Attorney Hanuman revealed the matter was now four years old.

He said it had been set down for trial in May last year, but had been adjourned at the request of the Attorney General’s Office.

“They asked for an extension so it was delayed for another year. And now, a year later, again they are saying they are not ready to go ahead,” Hanuman said.

“His [Rock’s] witnesses have taken the day off. He’s taken the day off work. I’ve wasted my time and every time we come to court there’s always an excuse from the Attorney General’s Office.” (HLE)