Ganja Users of Namibia’s Cannabis Court Challenge Dismissed as Premature
The Windhoek High Court has ruled that a legal challenge against Namibia’s cannabis prohibition is premature, as the government is currently reviewing legislation on the possession and use of cannabis.
Judge Claudia Claasen said decisions on whether cannabis should be legalised or remain prohibited should primarily be handled by the executive and legislature, rather than the courts.
The ruling followed a case brought by Ganja Users of Namibia (GUN) president Brian Jaftha and secretary general Borro Ndungula, who argued that the ban on adult possession and use of cannabis was unconstitutional.
The applicants claimed the prohibition was based on outdated views about cannabis and could not be scientifically or legally justified.
However, the government, the Prosecutor General, the Ministers of Justice and Health, and the Inspector General of the Namibian Police argued that the matter was premature because the Law Reform and Development Commission (LRDC) had already been tasked with reviewing cannabis-related laws.
Judge Claasen agreed, saying cannabis regulation involves wider issues such as public health, social values, economic impacts and law enforcement, which require policy decisions and public debate.
She dismissed the challenge at this stage, noting that court intervention could interfere with ongoing legislative processes.
