A Critical Inquiry into The Ethical Justification(s) For Decriminalising Cannabis Use In South Africa

Abstract

The right to privacy, as contained in the Constitution of the Republic of South Africa, grants individuals the right to engage in certain activities, insofar as those activities are private, without infringement by individuals or the state. The said right is what was relied upon by the Constitutional Court in the decision to decriminalize Cannabis, for private use. However, there is a marked difference between that which is legal and that which is moral. In this thesis, I will grapple with the ethical justifications for the decriminalization of Cannabis. Using the Ubuntu ethical theory, I will show that there is in fact no ethical justification for impeding on a moral agent’s right to consume cannabis. I will begin by providing some arguments for and against the legalisation of cannabis use, showing their merits and their demerits. I will then provide an account of Ubuntu ethics and show how its tenets bear on the right to consume cannabis.