From the Cannabiz Africa Newsdesk, Limpopo, 17 December 2024.
Who knows what the National Cannabis Master Plan’s Steering Committee is up to? Well, whatever that is they should put it aside immediately to consider an “urgent” request by the Marijuana Board of South Africa to hold an “inquiry” into leading cannabis law firm, Cullinan and Associates in the interests of ‘transparency’.
The Marijuana Board of South Africa (MBOSA) wants the National Cannabis Master Plan’s Steering Committee to have an inquiry into whether leading cannabis law firm, Cullinan and Associates is conflicted by both advising the Presidency on cannabis policy and representing the private cannabis club , THC, at the same time.
Cullinan’s has flatly denied the allegations saying “There is absolutely no truth to MBOSA’s fact-free insinuations”.
A letter from MBOSA, addressed to members of the Steering Committee and dated 27 November 2024, has been widely circulated amongst cannabis stakeholders. It is signed by chairperson Ras Steve Khunou and the MBOSA exco (Ms Mmakgoshi, Thato Khesa, T Ngobeni), dated 27 November2024, reads:
“As stakeholders in the cannabis sector, we understand the importance of impartiality, transparency and adherence to ethical principles in shaping policies that serve the public interest. However, the dual role assumed by Cullinan raises serious questions about potential conflicts of interest and the integrity of their advice and representation.”
It goes on to say that “Cullinan’s advisory role to the Government involves access to privileged information about the formulation of industrialization policies and strategies.
“Concurrently representing private appellants in legal disputes risks creating a scenario where this information could be leveraged to benefit private interests, undermining public trust.”
Cannabiz Africa is aware that the Presidency has requested legal input from a number of law firms on aspects of cannabis policy, among them Cullinan’s and Webber Wentzel. The private matter referred to is Cullinan’s pro bono representation of THC director Neil Liddell in his appeal to the Supreme Court to get the status of private cannabis clubs legally recognized. Cullinan's is also Fields of Green for All's 'house-lawyers'.
MBOSA says that in light of the “urgency of this matter” it wants Steerco to prepare a formal response for discussion at its next meeting to:
1. Explain the potential negative impacts, if any, of Cullinan’s dual roles on the government’s cannabis industrialization strategy and the broader cannabis sector;
2. Clarify whether the firm’s appointment as both advisor and representative complies with legal and ethical standards, particularly regarding conflict of interest;
3. Provide insight into the mechanisms in place to ensure that Cullinan’s dual roles do not compromise the transparency, fairness and inclusivity of cannabis-related policy and legal decisions;"
Cullinan's said on 9 December 2024 “There is absolutely no truth to MBOSA’s fact-free insinuations, there has not been a conflict of interest, and the firm has acted ethically at all times”.
They added that their relationships with their clients were private, “and that the client in this instance would decide whether or not to respond to the MBOSA letter.”
The MBOSA’s request for transparency may be admirable, if perhaps slightly misguided, but it does raise an extremely serious issue in principle: that of broader accountability.
There is a complete lack of transparency around Steerco. The motivations behind the President’s appointment of its members and its structure have not been disclosed. Cannabiz Africa has not been able to ascertain who the Steerco chair and what specific mandate the committee has.
It’s unclear how many times Steerco has met since the inaugural meeting in September last year and what plan of action it has embarked upon – if any.
All is shrouded in secrecy, which should set off a flashing red alert to cannabis industry stakeholders to be on the lookout for rent-seekers and vested players furthering their own interests at the expense of the public good.
The National Cannabis Master Plan collapsed in the first place in 2022 because of individuals seeking to use it as a cover to entrench themselves unfairly in the value chain. It’s resurrection should not be a repeat performance, but the signs are not good.
Cannabiz Africa invites the chair of Steerco to come forward and provide feedback on what the committee is up to. We will gladly publish any response.
Having said that on a macro-level, it’s hard to make sense of the MBOSA’s appeal to Steerco, and whether it is within that body’s scope or interest to institute an inquiry into a non-member requested by another non-member where on the face of it, there is no conflict of interest.
The Presidency, as in all matters, is entitled to get legal advice from whosoever it chooses and is not obliged to do anything with that advice. The THC representation – which ended in an out-of-court settlement – was provided by Cullinans for free!
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