DG Murray Trust warns provinces against extending liquor trading hours after Constitutional Court hearing

Detailed summary

The DG Murray Trust warns that provinces extending liquor trading hours risk legal challenges, as the Constitutional Court considers the government's duty to…

The DG Murray Trust (DGMT) says Tuesday’s Constitutional Court hearing could have consequences beyond the Northern Cape, warning that provinces considering longer liquor trading hours should be prepared for legal challenges.

DGMT chief executive David Harrison said the organisation was encouraged that the judges had not raised questions challenging its central argument about the relationship between extended liquor trading hours and alcohol-related harm.

Harrison said the absence of such questions was significant, particularly as the organisation sought to establish that the government must consider the consequences of its policy decisions when making laws.

“We are very happy and pleased with that,” he said, adding that the DGMT was also encouraged by the respondents’ position on the remedy it had proposed.

The organisation has asked the court to give the Northern Cape Provincial Legislature 24 months to address the legal problems identified in its liquor legislation. During that period, on-site consumption outlets, including bars and taverns, would have to close at midnight, while bottle stores would not be allowed to sell alcohol on Sundays.

Harrison said that did not mean the Constitutional Court had reached a decision. The final outcome, including what happens to the legislation and the proposed interim restrictions, remained in the hands of the judges.

A more significant question for the DGMT is whether the court will go beyond the procedural shortcomings in the legislation and address the constitutional responsibility of the state to protect people from alcohol-related harm.

The organisation wants the court to consider whether the government has a duty to take into account the effects of its decisions when those decisions affect public health and safety. The Northern Cape High Court had previously found that the provincial legislature failed to provide for meaningful public participation in the passing of the 2024 Gambling and Liquor Act.

Harrison said the…

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