Struck Section 43 of Act 1019: Government introduces new Bill for amendment

A new Bill that seeks to amend the struck Section 43 of the Narcotic Control Commission Act, 2020(Act 1019) has been introduced in parliament.

The said section was struck out in July Last year by the Supreme Court as having been passed by Parliament in excess of its jurisdiction.

Subsequently, the Attorney General’s quest for a review of the decision of the ordinary bench was also dismissed in May this year by a majority of 5-4 thus leading to the reintroduction of the section per a new bill by the government.

Speaking on the introduction of the new Bill on the floor of the house on July 7, 2023, the Minister for Interior, Ambrose Dery noted that the Bill seeks to introduce the struck section just the way it was.

Further, the minister insisted that the new bill as well as the struck section, does not seek to legalize the recreational use of cannabis indicating that the state will lose out without the amendment.

Additionally, Mr Dery said that per the amendment, the Government is rather moving towards the modern approach for the cultivation of cannabis for medicinal and industrial purposes as well as various countries South Africa, Lesotho, Uganda, and the like.

Moreover, the Minister indicated his disagreement with the decision of the Supreme Court which struck out the said Section.

On his part, the Speaker of Parliament, Alban Bagbin noted that the amendment does not seek to review the apex court's decision but to correct an error by reinstating the right provision.

In addition, the Speaker indicated the need for the three arms of Government to respect each other and consult in instances of doubt.

He thus mentioned that it is improper for the Judiciary to make such decisions without consulting the House or getting to know how Parliament conducts its business

The Bill has meanwhile been referred to the Committee of Defence and Interior for consideration within a week.