A parliamentary ban on Catha edulis (Khat), locally known as Miraa or Mairungi, in 2015 has been challenged in the Constitutional court by a group of farmers and traders.
The farmers and traders, under Wakiso Miraa Growers and Dealers Association limited, lodged a petition on January 6, saying they are aggrieved by the unconstitutional conduct of government in enacting the Narcotics Drugs and Psychotropic Substances (Control) Act, 2015.
Through the Centre for Legal Aid (CLA), the farmers say attempting to prohibit the cultivation and trade in miraa is not backed by sound scientific evidence and are arbitrary, oppressive, biased and irrational – and will have an unduly disruptive effect on the livelihood, property, cultural and other socio-economic rights of the petitioners’ stakeholders.
“The impugned Act proscribe any dealing in Catha edulis (khat) merely because the shrub contains “cathinone” and “cathine”, and thereby creates sweeping offences, restrictions and/or limitations on rights and freedoms that are disproportionate and demonstrably unjustifiable in a free and democratic society,” the petition reads.
“These sections are thus inconsistent with or in contravention of the principles of equality, legality, necessity, rationality and proportionality guaranteed under Articles 2, 21, 28(12), 43(2)(c) and 44(c) of the Constitution.”
HISTORY
In his affidavit supporting the petition, Vincent Kizito, a Khat farmer, describes the plant as native to the Horn of Africa and the Arabian Peninsula where the chewing of the leaves and shoots of the shrub at social gatherings is a several thousand-years-old social custom.
“Khat is chewed to obtain a mild stimulant effect comparable to drinking strong coffee and is considered by the World Health Organisation (WHO) to be a less potent or addictive stimulant than other commonly used drugs such as alcohol, cocaine, amphetamine and tobacco,” he argues.
Kizito says that the government did not conduct any extensive and elaborate evidence-based research collating data from different and reliable sources before blacklisting miraa under the Narcotics Drugs and Psychotropic Substances (Control) Act, 2015.
“As khat growers and dealers, we are not aware of any report of the National Drug Authority, Ministry of Health, Ministry of Internal Affairs or other governmental agencies establishing a causal link between khat production/consumption/ sale/use and harmful social and public health consequences warranting its prohibition under the impugned Act,” Kizito says.
Consequently, they want the court to de-categorize Miraa as a prohibited plant and psychotropic substance and to issue a permanent injunction staying the implementation of sections of the law.
dkiyonga@observer.ug