Lawyer Paul-Michael Keichel of Cullinan and Associates is representing THC director Neil Liddel (pictured above) who is facing charges under the Drugs and Drug Trafficking Act after his Cape Town grow op was raided by police.

Although he argued that the facility was constitutionally compliant and was serving only The Haze Club, he was taken to court. In what has been a torturous legal journey for Liddel, the case has crawled through the courts, transforming from just a personal case to a call for the Private Cannabis Clubs to be legally recognized. In a somewhat shock decision by a Western Cape magistrate, his application was dismissed but he was granted leave to appeal, which is what he did. His own prosecution is on hold pending the outcome of this appeal.

Cannabis lawyers have privately expressed surprise at the vigour with which the Justice Department has pursued the case – the same Justice Department that drafted the Cannabis for Private Purposes Act which foresees cannabis being removed from the Drugs Act altogether. As one lawyer close to the case observed: "It would have been much easier for the State to have dropped the charges in the first place given the chances of a succesful prosecution were questionable".

The disconnect here has come at Liddel’s expense. "He's doing well under the circumstances" says Keichel."But obviously his life has been turned upside down by the wheels of justice moving so slowly"

However, there may be a chance of an "out-of-court" settlement before the case gets to the Supreme Court of Appeal in Bloemfontein.  There is a chance that the State may not challenge the appeal if it gets to court, given that the legal landscape has shifted and the Cannabis Act has been passed into law (although not yet enacted). 

The p assing of the new act has provided some ground for discussion between the parties. Keichel won’t be drawn on any detail other than to say there are talks underway and “the potential for settlement is being explored”.

Keichel says that in any event he is still hoping for a date this year from the Appeals court for a case that ultimately decides on the legality of PCC’s in general.

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