ALCOHOL TRADING: ConCourt weighs Northern Cape liquor hours law after public participation failure

The Constitutional Court in South Africa is set to decide the constitutionality of certain provisions in the Northern Cape Gambling and Liquor Act of 2024, which extended liquor trading hours across the province. The DG Murray Trust, a non-profit organization, is seeking confirmation of the invalidity of these provisions and a suspension of the declaration of invalidity for a period of 24 months, allowing the provincial legislature to remedy the defects in the legislation.

The trust also argued that the government has a constitutional duty to protect fundamental rights, including the right to dignity, safety, and health, and to prevent alcohol-related harm, particularly for children. The case follows a ruling by the Northern Cape High Court in April, where the trust successfully challenged the law due to the legislature's failure to conduct meaningful public participation before passing the law.

The trust proposed measures such as a midnight closing time for on-consumption sales and no Sunday off-consumption sales for alcohol in the province. Advocates argue that limiting alcohol availability can help reduce alcohol-related harm, such as heavy drinking, violence, injuries, and pressure on healthcare services.