‘What about liquor consumption in the white, affluent suburbs?’

Lawyers for the Gauteng Liquor Forum have told the government that they will not pursue legal steps to stop the ban on the sale of alcohol, as long as it gets a definite answer about whether or not the lockdown will be extended.

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 thumbs down over the easing of alcohol legislation, the forum decided not to drag the government to court – yet.

Instead it would lobby for the regulations to be relaxed.

“In view of the aforegoing practical realities, our clients have instructed us to inform you that they will accordingly not, at this stage, be approaching the court for what might well turn out to be a costly but academic relief, [but] only provided you give us the following information [about the lockdown],” the letter from Mabuza Attorneys read.

The forum’s lawyers had hoped to convince the government to discuss the conditions of their clients’ operations, as was the case when the first Covid-19 coronavirus regulations were published on March 18.

Before the full lockdown was implemented, liquor stores were allowed to operate from 9am to 6pm on weekdays and 9am to 1pm at weekends.

In the lawyer’s letter, which was sent to the state attorney yesterday morning on behalf of the forum, Mabuza Attorneys said court processes would not be effective because they would be left with a short time to resolve the matter.

The forum was now weighing up its options and was trying to lobby President Cyril Ramaphosa and his central command team to relax the conditions. It asked the government to consider allowing unregistered shebeens and shisa nyamas to receive financial assistance from state funds during the lockdown.

They had used the letter as a platform to ask Ramaphosa whether a decision about a further extension on the lockdown had been made.

Mabuza Attorneys said their clients supported the lockdown and the regulation of alcohol, but disputed the lawfulness of the total ban.

The lawyers said to avoid further “doubt or confusion, our clients fully support the prohibition of the on-consumption sale of liquor during the lockdown, but dispute the lawfulness of the total ban on off-consumption sales, which allowed consumers to enjoy their beverages responsibly and in the comfort of their homes”.

The forum warned that it reserved the right to go to court should it receive unsatisfactory answers from the government or if its fears about another lockdown extension proved to be true.

Mabuza Attorneys slammed the government for raising what it deemed “irrelevant issues” of violent crime, motor vehicle accidents and the reduction of intoxicated persons among the most vulnerable in society.

It said the government had acted in a discriminatory way because it was targeting only alcohol-related crime in predominantly black areas.

“This is coded language for black people living in the townships where most of our clients operate. What is not explained is why the consumption of liquor in the white and affluent areas, where the rich classes reside and drink liquor from their well-stocked bars and cellars, would not increase violence, including domestic violence,” said the lawyer’s letter.

The lawyers had requested a response “as soon as possible” but preferably by no later than the close of business on Thursday.

The lawyers wrote to the government after it rejected their request for its members to be allowed to sell alcohol during the lockdown.

The state attorney sent a formal letter to the forum on Friday to inform its members that the ban on alcohol sales would 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 up against the imperative of all South African businesses and citizens to comply with the lockdown regulations, the health implications of the consumption of alcohol and the priority to ensure social distancing during this principle,” the presidency said.

It noted that alcohol was not considered an essential item and was seen as a hindrance in the fight against the coronavirus.

“The president furthermore considered representations from other stakeholders who have pointed to the causal relationship between alcohol intoxication and abuse and risky behaviour,” it said.

Queenin Masaubi Political journalist | City Press

+27 11 713 9001 Queenin.Masuabi@citypress.co.za Media Park, 69 Kingsway Road, Auckland Park

Rise above the clutter | Choose your news | City Press in your inbox

City Press is an agenda-setting South African news brand that publishes across platforms. Its flagship print edition is distributed on a Sunday.