Misrecognition and nonrecognition of Rastafarian identity in South Africa: A critique of 'Prince'

This thesis is a critique of a South African decision in which the judges of the Constitutional Court gave conflicting answers to the question of whether the religious use of marijuana should be exempted from legislation prohibiting the consumption of certain substances. It argues that marijuana is a fundamental defining characteristic of the Rastafarian community. The thesis criticises the decision of one of the judges who held that only the religious use of marijuana as incense should be exempted from the legislation because such use appears to be harmless. It argues that that judge misrecognised Rastafarian identity. The thesis further argues that the decision of the majority declining to exempt the religious use of marijuana from the legislation amounts to nonrecognition of Rastafarian identity. It highlights the implications of the two decisions for Rastafarian identity. This thesis suggests ultimately, that Parliament should exempt all uses of marijuana from the legislation.