Court dismisses SAB's bid against booze sales ban

rvZA

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A legal bid by SA Breweries (SAB) against government's latest alcohol sales ban has been dismissed with costs by the Western Cape High Court.

The ban – the fourth of its kind since the national lockdown started – began on 27 June. SAB applied on an urgent basis to have it be declared unlawful and invalid, and wanted it to be reviewed and set aside.

Citing a range of technical issues, the brewer contended in its arguments that Minister of Co-operative Governance and Traditional Affairs Nkosazana Dlamini-Zuma did not have the necessary powers to introduce the regulations that would suspend the sale of alcohol, and that the move should have been submitted to more scrutiny by parliament.

But Judge Robert Henney dismissed SAB’s application with costs.

He ruled that the regulations are not inconsistent with existing legislation, and that the minister has the power to suspend the distribution of liquor during in a state of disaster.

The judged also accepted the minister's contentions that the rapid spread of the Delta variant "justified the lack of full and proper consultation with all the stakeholders, including the SAB".

"Given the circumstances and the limited timeframe in which the Minister had to act, it cannot be said that she acted in a procedurally unfair manner," the judge said.
 

rvZA

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Wonder what SAB will do now. I suspect nothing, because I suspect the State may have a massive hold on them.
 

RonSwanson

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Wonder what SAB will do now. I suspect nothing, because I suspect the State may have a massive hold on them.
It's not the substance, it's the users s'seseoP that misuse it that's the problem. Alcohol has never raped or stabbed anyone, nor has it ever filled an ER with patients. It's the dooses that are inccapable of using it properly.
Firearm owners face the exact same dilemma and flawed logic.
 

bwana

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Citing a range of technical issues, the brewer contended in its arguments that Minister of Co-operative Governance and Traditional Affairs Nkosazana Dlamini-Zuma did not have the necessary powers to introduce the regulations that would suspend the sale of alcohol, and that the move should have been submitted to more scrutiny by parliament.
Was SAB drunk when they decided this is how they would try to fight the ban?
 

Fulcrum29

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What other options did they have?

I believe they took the right angle, but they had zero success in undermining the prime minister's authoritative power, and I doubt that the courts would have too, but this part,

and that the move should have been submitted to more scrutiny by parliament.

is being championed by both the most disliked political party in SA and by the DA. The Disaster Management Act needs to change and the National Command Council decisions and actions need to be under parliamentary oversight and possible overruling, and yes, the ANC and the EFF is most likely to reign, but at least there will be representative scrutiny.

Cabralism is not working.
 

Fulcrum29

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The act clearly states, in no uncertain terms, that the minister has the right to suspend or limit the sale of alcohol during a state of disaster.

It could be that they want to push the challenge constitutionally.
 

Sneeky

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R500m rand worth of looted booze out there, like they gonna stop that being consumed while tax paying responsible businesses suffer.

It will be interesting to see, if anyone is brave enough, to link the spike in covid cases to that, despite all of the other protocol transgressions.
Some random government idiot will step up.
 

3WA

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Alcohol purchases for the home should only be allowed online with delivery to fixed addresses.

Liquor licences should only be granted to places that are fancy enough to have olive oil and balsamic vinegar on the premises.

This will solve a lot of the alcohol abuse problems in the country.
 

Fulcrum29

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Alcohol purchases for the home should only be allowed online with delivery to fixed addresses.

Liquor licences should only be granted to places that are fancy enough to have olive oil and balsamic vinegar on the premises.

This will solve a lot of the alcohol abuse problems in the country.

Equality. It would have been the same thing with education, but education is enshrined within our human rights hence there were politicians and activists being complete assholes about this.

What is true is that a ban on alcohol in this country does reduce the stress on hospitals. Alcohol is without doubt being abused.
 

krycor

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Alcohol purchases for the home should only be allowed online with delivery to fixed addresses.

Liquor licences should only be granted to places that are fancy enough to have olive oil and balsamic vinegar on the premises.

This will solve a lot of the alcohol abuse problems in the country.

Yes.. but the thing they need to implement and refuse to due to complexity is velocity checks. i.e. how much can an individual purchase during a period of time before abuse or resale is the likely reason.

Reason is they risk offending consumer (we cutting you off because you an alcoholic or lesser .. investigating you as you likely reselling <-- who will conduct this investigation and bare the cost). Similarly .. restaurants can EASILY implement a consumer limit and (lesser) driver liability system even using the POS system if they really dont want to use a new device +/- interaction with customer device/cellphone.

Agail.. all very doable i'd say.. tech makes it all possible but you see this, while it will definately cut down on some abuse.. the annoyance to some on this forum is a not panacea they willing to accept let alone vendors whom would see their profits impacted. So here we are .. in a mostly unregulated consumer environment with industry shutdowns.

So the industry would rather keep going the way they are knowing all to well if gov clamps down, they will do it game dev style. i.e. its gonna be like cigs but worse. I reserve the right to say "i told you so" to the industry.
 

3WA

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Equality. It would have been the same thing with education, but education is enshrined within our human rights hence there were politicians and activists being complete assholes about this.

What is true is that a ban on alcohol in this country does reduce the stress on hospitals. Alcohol is without doubt being abused.

Yes.. but the thing they need to implement and refuse to due to complexity is velocity checks. i.e. how much can an individual purchase during a period of time before abuse or resale is the likely reason.

Reason is they risk offending consumer (we cutting you off because you an alcoholic or lesser .. investigating you as you likely reselling <-- who will conduct this investigation and bare the cost). Similarly .. restaurants can EASILY implement a consumer limit and (lesser) driver liability system even using the POS system if they really dont want to use a new device +/- interaction with customer device/cellphone.

Agail.. all very doable i'd say.. tech makes it all possible but you see this, while it will definately cut down on some abuse.. the annoyance to some on this forum is a not panacea they willing to accept let alone vendors whom would see their profits impacted. So here we are .. in a mostly unregulated consumer environment with industry shutdowns.

So the industry would rather keep going the way they are knowing all to well if gov clamps down, they will do it game dev style. i.e. its gonna be like cigs but worse. I reserve the right to say "i told you so" to the industry.

You guys are overthinking this - I just want to deny poor people alcohol.
 

diesel

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The booze sales never stops, booze ban only turns law abiding liquor traders and consumers into criminals , consumers end up paying double and the tax man gets nothing.
 

Rocket-Boy

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The sad part is that big companies like SAB have to play by the rules, the smaller producers and the businesses that sell the alcohol definitely arent playing by those rules.
Its also completely ridiculous that the ban exists in the first place, a government is supposed to represent the people that elected it. In SA's case they do whatever the hell suits the government ahead of what suits the people.
 

Nod

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They should move their factories to Botswana, and rebrand to "BB".
 

konfab

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What other options did they have?

Go after the act itself.

The disaster management act with regards to alcohol violates section 36 of the constitution:
36. (1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the relation between the limitation and its purpose; and (e) less restrictive means to achieve the purpose.

The outright alcohol ban violates the right for the people in the industry to practice their trade, and there are plenty of other things the government could have done.
 
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