Constitutional Court to rule on liquor trading hours and alcohol harm in South Africa

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The Constitutional Court is hearing a pivotal case on whether the state has a constitutional duty to protect communities from alcohol-related harm by limiting…

The Constitutional Court is hearing a case that could shape how provinces across South Africa regulate the sale of alcohol and their responsibility to protect communities from alcohol-related harm. The case, brought by the DG Murray Trust (DGMT), challenges provisions of the Northern Cape Gambling and Liquor Act of 2024, which extended liquor trading hours in the province.

Under the legislation, taverns, restaurants and other establishments selling alcohol for consumption on their premises can trade until 2 am, seven days a week. Nightclubs can sell alcohol until 6 am from Monday to Saturday, while bottle stores are permitted to sell alcohol on Sundays.

The DGMT argues that the extended trading hours increase the risk of alcohol-related harm, including violence, road injuries and pressure on healthcare services. The organisation is particularly concerned about the effects on children and communities already experiencing high levels of alcohol-related harm.

The legal challenge comes after an April ruling by the Northern Cape High Court, which found that the provincial legislature had failed to facilitate meaningful public participation before passing the legislation.

The court also found problems with certain provisions of the Act, including the trading hours and a provision relating to the sale of traditional sorghum beer.

However, the high court rejected the DGMT's separate argument that the state has a constitutional duty to take reasonable and effective steps to protect people from alcohol-related harm. This is now one of the central questions before the Constitutional Court.

The DGMT argues that the government has an obligation to protect constitutional rights, including the rights to dignity, freedom and security of the person, access to healthcare and an environment that is not harmful to health or well-being. It also argues that children must be protected from alcohol-related harm, including the consequences of other people's drinking.

The organisation believes…

The…

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