Court not yet to call the shots on selling of liquor, says Gauteng Liquor Forum

The attorney for the Gauteng Liquor Forum, Eric Mabusa on Saturday addressed another letter to the presidency with regard to lifting the current ban on the sale of liquor.

The President, Cyril Ramaphosa on Friday replied to an earlier request by the board, saying the sale of liquor in the country would be a hindrance in the fight against Covid-19.

Mabuza, on behalf of his clients said they would not at this stage approach the Constitutional Court, provided the president reply to some provisions stated in the letter sent on Saturday, by close of business on 23 April.

At this point, the forum wants to determine if the president is considering another possible extension of the lockdown and the duration of such an extension, and whether or not he is prepared to relax current conditions for qualifying for relief and/or assistance to unregistered shebeens and shisanyamas or be prepared to negotiate the modalities thereof.

Mabuza said should there be no satisfactory response by the set time, and if the current lockdown is to be extended, they will approach the court on an urgent basis. To be doing so at this stage would be a costly and academic exercise as court processes are highly unlikely to be concluded and might not allow for the case to be heard by the end of the lockdown by 30 April.

Mabuza maintains that the pre-conditions set under the National Disaster Act, for applying for relief and financial assistance do not apply to his clients, who are mostly registered at provincial Liquor Boards.

He said the pre-conditions also infringe on the constitutional rights of his clients, who are mostly unregistered taverns and shebeens which would not qualify for assistance.

Mabuza stated that his clients support the prohibition of on-site consumption and sale of alcohol, but dispute the total ban of alcohol on off-site consumption sales, where alcohol can be enjoyed responsibly in their homes.

He sent a letter of demand to the president the previous Saturday, asking an undertaking that the current liquor ban would either be relaxed or lifted by noon on 14 April.

In this letter, the forum argued that less restrictive measures could have been used to prevent the spread of Covid-19. “Our clients would have readily accepted the limitation on their trading hours as was the case when the first Covid-19 regulations were published on 18 March. A total ban, however, on the selling of alcohol, unduly and unlawfully infringes on their Section 22 constitutional rights,” the letter read.

The forum, representing some 20 000 businesses including shebeens, bars and bottle store owners in Gauteng, maintain they should have been given the opportunity to make representation and argued that they wanted to have this opportunity before the extended lockdown was announced last Thursday.

Mabuza said liquor traders in the townships are not receiving government relief because either their taxes are not in order or the requirements to qualify for relief are too stringent.

The presidency on Friday declined the request of the Gauteng Liquor Forum for its members to sell alcohol during the declared national state of disaster, saying the restriction on the sale of liquor will remain.

In response to concerns raised by the Gauteng Liquor Forum that small business in the liquor trade may suffer financial loss during this period, the presidency on Friday drew the forum’s attention to financial assistance provided by the Tourism Relief Fund, the Department of Small Business Development, the Unemployment Insurance Fund and private endeavours such as the South African Future Trust, amongst others.

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