Fight to overturn ‘Midnight Law’ on alcohol to start next month

Cape Town-140522-The vast majority of shabeens opperating in Khayelitsha are unlicensed and are doing so illegally. In pic is another illegal shabeen. The owner did not want the place to be identifiable-Reporter-Nontando Mposo-Photographer-Tracey Adams

Cape Town-140522-The vast majority of shabeens opperating in Khayelitsha are unlicensed and are doing so illegally. In pic is another illegal shabeen. The owner did not want the place to be identifiable-Reporter-Nontando Mposo-Photographer-Tracey Adams

Published Jul 31, 2023

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Johannesburg - A battle over alcohol will kick off in the high court in Limpopo this August as liquor traders in the province take the Limpopo government to court to stop the implementation of the '“Midnight Law”.

As of Tuesday, August 1, Limpopo Economic Development, Environment, and Tourism will implement, without fail, the Limpopo Liquor Act, No 5 of 2009, as well as its associated regulations.

The new law has been nicknamed the “Midnight Law”, as some changes call for liquor outlets and nightlife facilities that trade alcohol to only be allowed to operate up to midnight.

Previously, the Liquor Act of 1989 permitted the sale of liquor up to 2am; however, the implementation of the new act will shorten trading hours by up to two hours.

In addition to the midnight curfew, traders will have to pay roughly six times as much starting on Tuesday for license renewals, which are presently R100.

Stakeholders in the province have reportedly raised objections to the implementation of the act, as they allege it would only cripple the local economy instead of uplifting and developing the province.

The province's liquor traders will turn to the high court in Limpopo, Polokwane, on August 8 in an effort to halt the implementation of the act as a result of the department's unwavering stance.

The National Liquor Trader's (NLT) Lucky Ntimane said liquor traders would be seeking an order suspending the operation of regulations contained in the General Notice of 2023 passed in terms of the Limpopo Liquor Act No 5 of 2009, read together with the Limpopo Amendment Act No 5 of 2015, pending the hearing and finalisation of the review application.

The challenge was brought forward on an urgent basis by the Sekhukhune Liquor Traders Association, an association member of the National Liquor Traders Organisation.

"It is rather unfortunate that we have to resort to court processes to resolve an issue that could have been handled differently only if the government of Limpopo cared about liquor traders, instead of peddling half-truths to try and defend an issue that seeks to destroy the livelihoods of liquor traders and the value chain," said Ntimane.

He added: "It is our expectation that as this matter is before the courts, the Limpopo Economic Environment and Tourism Department, headed by MEC Rodgers Monama, will accordingly show good faith and suspend the act in its entirety pending the finalisation of this case. This is the least we expect from the department."

The department's spokesperson was reported to have explained that the act had been in the pipeline for 15 years and was only being implemented now due to slow stakeholder participation.

The Star