QUESTION THREE

Garreth Greens began his activism as a second-year law student, when he was arrested outside his home for cannabis possession. The oppression faced by the black and brown Rastafarian community had inspired Greens to study law. When Greens completed his law degree in 1998, he applied for admission as an attorney, but was barred by the Cape Law Society. He was deemed an 'unfit and improper person' for the profession as a result of his previous convictions for cannabis possession. In 2000, Greens argued that the Rastafarian community should be exempt from the criminalization of cannabis as they used it for religious reasons. He challenged the decision of the Law Society in the Constitutional Court. The Court found that in order to protect the public's interest, no exceptions would be made for the use of cannabis for religious reasons. Greens was therefore not admitted as an attorney. The facts of this case study are based upon the real case of Minister of Justice and Constitutional Development and Others v Prince (2018).

3 Read the scenario above, which relates to the Limitation of Rights, and answer the questions that follow:

3.1 Identify Mr Green's constitutional right which is being encroached.

3.2 What elements are usually contained in a limitation clause.

3.3 In terms of Section 36 of the Constitution, identify the 5 factors a Court will consider when deciding if a limitation is justified.

3.4 Apply the five factors identified in 3.3 to the scenario at hand and determine if the limitation on Mr Greens constitutionally entrenched right is justified.