Another ‘not inconceivable’ liquor sale ban – Nkosazana Dlamini-Zuma

Minister Cogta, Nkosazana Dlamini-Zuma.

• Another blanket ban on the sale of alcohol is not “inconceivable,” says Cogta Minister Nkosazana Dlamini-Zuma.
• Dlamini-Zuma filed an affidavit in Western Cape Superior Court following a legal challenge by SAB.
• The brewery considers a blanket ban on the sale of spirits unconstitutional, but Dlamini-Zuma says the suspension supports people’s constitutional rights.

The blanket ban on the sale of alcohol might be over, but the legal battle between South African Breweries (SAB) and the Minister of Cooperative Governance and Traditional Affairs (Cogta) Nkosazana Dlamini-Zuma has not.

And, according to an affidavit filed by the minister in Western Cape Superior Court this week, another similar suspension of liquor sales “is not inconceivable” depending on the circumstances in SA at the time.

Dlamini-Zuma and President Cyril Ramaphosa are both respondents in the SAB application.

Ramaphosa eased restrictions on the sale of alcohol in a speech to the nation on Monday. However, in an affidavit filed in Western Cape Superior Court this week, Dlamini-Zuma says that while she does not believe that SAB’s legal challenge is relevant anymore, she is forced to file an answer because SAB is “persisting with the application in its current form. “

However, it adds, “While it is not inconceivable that another suspension (of similar effect) could be imposed in the future, whether this occurs will depend entirely on the facts with reference to the prevailing circumstances at that time.” So, he adds, any current answers you present will not be relevant in the future.

General ‘unconstitutional’ ban

SAB, a division of Ab-InBev, produces well-known liquor brands such as Castle Lager and Black Label. Considers unconstitutional a general ban on the sale of liquors.

In the affidavit, Dlamini-Zuma says the intent was never to cause undue harm, but was based on necessity. “[G]The government has been fully aware of the fact that measures such as the temporary suspension have had a significant financial cost for those who work and operate in the affected sectors, ”says the affidavit.

“Despite these adverse financial implications, measures such as the temporary suspension have been necessary because their effect was to ensure the capacity of the health system to provide health services to those who need them and avoid unnecessary loss of life.”

Suspension supports constitutional rights

Rather than being unconstitutional, the suspension supports people’s constitutional rights to life, dignity and access to health care, the minister argues.

He further claims that it would have been more damaging to institute a strict blockade to limit the movement entirely; instead, a “hybrid of measures” was chosen to limit the worst risks.

It has been consistently made clear that the restrictions will not remain in place “longer than necessary,” he says, adding that, given the circumstances, the restrictions were the lesser of two evils.

“By balancing the competing considerations at stake, we ultimately determined that the … regulations have a much more limited adverse impact,” he says.

Dlamini-Zuma further criticizes SAB and the other applicants for “trivializing” the number of hospital beds saved due to the suspension of sales, citing a high rate of alcohol abuse and related trauma in South Africa.

The government has faced two legal challenges over its ban on the sale of alcohol, the second from the wine sector body Vinpro.

In late December, Ramaphosa announced the third ban on the sale, distribution and most transport of alcohol, saying the move was necessary due to the abrupt second wave of Covid-19 infections hitting the country. “Based on the data that we have, with each relaxation of restrictions on the sale of alcohol, the number of trauma cases that are reported in our hospitals has increased,” Ramaphosa said.

At the time, SAB said it supported all legal measures that slowed the spread of the pandemic, including a curfew, reduced indoor and outdoor capacity at meetings, measured restrictions on alcohol consumption and increased enforcement. of the law. However, the total ban on the sale of alcohol was considered unconstitutional.

Earlier this week, wine producer organization Vinpro said it was determined to go ahead with its court request that seeks to give the Western Cape prime minister powers to deviate from a nationwide ban on the sale of alcohol. Vinpro said it doesn’t want the industry to go on and off “like a light switch.”