The Northern Cape High Court recently ruled that declared provisions extending liquor trading hours were invalid after finding that the provincial legislature failed to conduct a meaningful public participation process. The DG Murray Trust filed papers in the Constitutional Court on Monday (18/5).

The trust argued that increasing the availability of liquor will worsen South Africa’s high rates of binge drinking and associated violence. While just less than a third of South Africans over the age of 15 consume alcohol, almost 60% of those who do are binge drinkers, according to the World Health Organisation.

Acting Judge President Mmathebe Phatshoane issued a ruling in April, declaring the 2024 Northern Cape Gambling and Liquor Act unlawful and invalid because the provincial administration failed to conduct a thorough public consultation process.

According to the constitution, the public must be included in the creation or amendment of legislation, and stakeholders must be allowed to submit written comments and participate in public hearings.

“This case is about more than trading hours,” said DGMT spokesperson Kashifa Ancer. “It's about whether communities are properly heard when decisions are made that affect their safety, health, and well-being.

“The Constitutional Court now has an opportunity to consider broader constitutional implications of extended liquor trading hours in communities already facing high levels of alcohol-related harm.

“We believe that liquor laws must be evidence-informed, and responsive to the realities people face every day, including violence, pressure on healthcare services, and the impact of heavy drinking on children and on families.”

Alcohol use is a formidable public health problem in sub-Saharan Africa, where the prevalence of heavy episodic drinking is as high as 60% among drinkers in some countries, according to the Southern African Alcohol Policy Alliance.

In 2016, the harmful use of alcohol resulted in an estimated 3-million global deaths, with the African region experiencing the highest age-standardised alcohol attributable burden of disease and injury.

The Alliance is a collaboration of civil society organisations across Southern African countries, and it aims to promote the harmonisation and acceleration of evidence-based alcohol policy development and implementation in the region.

OFM News/Zenande Mpame sm

• Have a news tip to share? Phone or whatsapp the OFM News Hotline: 066 487 1427.