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Lawyers for the Gauteng Liquor Forum have told the government that they will not take legal action to stop the ban on the sale of alcohol, as long as they get a final answer on whether the blockade will be extended or not.
They asked the government to indicate, if it was extended, the length of the period and, if so, whether the government was prepared to relax some of the conditions.
After receiving the go-ahead on easing alcohol legislation, the forum decided not to drag the government into court yet.
Instead, it would push for regulations to be relaxed.
“In light of the practical realities mentioned above, our clients have instructed us to inform them that they will not be approaching the court at this time, so it could well be costly but academic relief, [but] only if you provide us with the following information [about the lockdown]”, Said the letter from Mabuza’s lawyers.
Our customers fully support the ban on the sale of liquor during consumption during closing, but dispute the legality of the total ban on non-consumer sales.
Liquor forum in lawyer’s letter to the government
Forum attorneys hoped to convince the government to discuss the conditions of their clients’ operations, as was the case when the first regulations for the Covid-19 coronavirus were released on March 18.
Before the full shutdown was implemented, the liquor stores could operate from 9 a.m. at 6 p.m. Monday through Friday and 9 a.m. at 1 p.m. weekends.
In the lawyer’s letter, which was sent to the state prosecutor yesterday morning on behalf of the forum, Mabuza’s lawyers said that the judicial processes would not be effective because they would have little time to resolve the matter.
The forum was now weighing its options and trying to pressure President Cyril Ramaphosa and his central command team to relax conditions. He asked the government to consider allowing unregistered shebeens and shisa nyamas to receive financial assistance from state funds during the shutdown.
They had used the letter as a platform to ask Ramaphosa if a decision had been made on a further extension of the blockade.
Mabuza’s attorneys said his clients supported closing and regulating alcohol, but questioned the legality of the outright ban.
What is not explained is why the consumption of liquor in the rich and white areas, where the wealthy classes reside and drink liquor from their well-stocked bars and wineries, would not increase violence.
Liquor forum in lawyer’s letter to the government
Lawyers said that to avoid further “doubt or confusion,” our clients fully support the ban on the sale of alcoholic beverages during closing, but dispute the legality of the total ban on non-consumer sales, which allowed consumers to enjoy of your drinks. responsibly and in the comfort of their homes. “
The forum warned that it reserved the right to go to court if it received unsatisfactory responses from the government or if its fears about another extension of the blockade proved to be true.
Mabuza’s lawyers criticized the government for raising what they considered “irrelevant issues” of violent crime, car accidents and the reduction of intoxicated people among the most vulnerable in society.
He said the government had acted in a discriminatory manner because it only focused on alcohol-related crimes in predominantly black areas.
“This is coded language for black people who live in the municipalities where most of our clients operate. What is not explained is why the consumption of liquor in the rich white areas, where the wealthy classes reside and drink liquor from their well-stocked bars and wineries, would not increase violence, including domestic violence, “said the letter from the attorney.
The attorneys had requested a response “as soon as possible,” but preferably before Thursday’s close.
Additionally, the President considered representations from other stakeholders that have pointed to the causal relationship between alcohol poisoning and abuse and risky behavior.
The president’s response to the liquor forum
Lawyers wrote to the government after it rejected their request that its members be allowed to sell alcohol during the shutdown.
The state attorney sent a formal letter to the forum on Friday to inform its members that the ban on the sale of alcohol will not be eased.
“The president has carefully considered the representations made by the Gauteng Liquor Forum,” the presidency said on Friday.
“These, however, have had to be weighed against the imperative of all South African companies and citizens to comply with closure regulations, the health implications of alcohol consumption and the priority of ensuring social distancing during this principle,” said the presidency. said.
He noted that alcohol was not considered an essential element and was considered an obstacle in the fight against the coronavirus.
“The president also considered representations from other stakeholders that have pointed to the causal relationship between alcohol poisoning and abuse and risky behavior,” he said.
