Prince v President of the Law Society of the Cape of Good Hope and Others

The appellant, Gareth Anver Prince, a Rastafarian, applied to register a contract of community service as a candidate attorney in terms of the Attorneys Act 53 of 1979. In his affidavit he disclosed two prior convictions for possession of cannabis and stated that he intended to continue using cannabis as part of his Rastafarian religious observance. The Law Society of the Cape of Good Hope refused to register his contract on the basis that a person who intends to continue contravening criminal law cannot be regarded as a fit and proper person. Prince sought to review and set aside this decision and also challenged the constitutionality of section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 and section 22A(10) of the Medicines and Related Substances Control Act 101 of 1965, arguing that they unjustifiably limited his constitutional right to freedom of religion by failing to provide an exemption for Rastafarians.

The appeal was dismissed. The refusal to register the appellant’s contract of community service was upheld, and the appellant was ordered to pay the costs of the first, second, and third respondents.

This case is a leading South African authority on the limits of religious freedom where generally applicable criminal prohibitions are concerned. It confirms that courts may not create legislative exemptions for religious practices where Parliament has imposed a general ban for compelling social reasons. The judgment also clarifies the scope of the 'fit and proper' requirement in the regulation of legal professionals and affirms the duty of law societies to uphold respect for the law.