Constitutional Court examines Northern Cape alcohol law
By the AFREEQUE newsroom, based on Business Day (South Africa)
South Africa’s Constitutional Court is considering confirmation of the invalidity of the Northern Cape’s 2024 gambling and alcohol law, already struck down in April by the High Court for inadequate public consultation. Justice Tembeka Ngcukaitobi described the case as one of the worst failures of public participation by a provincial legislature, with the DG Murray Trust challenging, among other things, alcohol sales until 2am, according to Business Day.
South Africa’s Constitutional Court is examining the validity of provisions in the Northern Cape’s Gambling and Liquor Trading Act 6 of 2024, after the provincial High Court invalidated it in April for lack of public participation, Business Day reports. The case notably concerns provisions allowing alcohol sales until 2am and sales at night-time establishments between 6pm and 6am from Monday to Saturday.
The non-profit organisation DG Murray Trust is asking the Constitutional Court to confirm the invalidity of these provisions, rather than that of the entire law. Its lawyer, Andrew Breitenbach, argued that the proceedings should focus on the rules governing alcohol sales hours, according to Business Day.
Acting Constitutional Court Justice Tembeka Ngcukaitobi described public participation in the adoption of the law as a particularly serious case. He notably pointed out that the majority of the Northern Cape’s population speaks Afrikaans while the bill had been published only in English, Business Day reports.
