The DG Murray Trust (DGMT) is going to court to stop the Northern Cape Provincial Government from extending liquor trading hours in a region with the highest prevalence of foetal alcohol spectrum disorders (FASD) in the world. Heavy and binge drinking in the Northern Cape have reached alarming levels. To date, one in five children is affected by FASD.
DGMT has filed papers in the Northern Cape High Court in Kimberley arguing that the decision to extend liquor trading hours beyond what is reasonable for public health and safety does not pass constitutional muster. The extended trading hours were made possible by the recent passing of the Northern Cape Gambling and Liquor Act of 2024.
This provincial law made significant expansions from previous restrictions, allowing liquor outlets to operate from 9 a.m. to 8 p.m. Mondays to Fridays, and 9 a.m. to 5 p.m. on Saturdays and Sundays including public holidays. Restaurants and bars are now also allowed to sell liquor until 2 a.m. every day of the week, while nightclubs can sell until 6 a.m. Monday through Saturday and until midnight on Sundays. The extension of liquor trading hours deviates significantly from the previous year’s draft bill that proposed reducing trading hours.
“Communities were duped by being asked to comment on the draft legislation, which reduced trading hours, only to discover that the final legislation actually extended trading hours,” says DGMT CEO, David Harrison. “That suggests a fundamental change in the intent of the proposed legislation – from fewer trading hours to more, and such a shift should not have been sneaked through in hurried and inadequate consultative processes”.
The devastating consequences of heavy and binge drinking extend to high rates of gender-based violence, alcohol-related road deaths, and economic hardships for families and communities.
Research has shown that an increase in trading hours correlates with higher rates of motor vehicle accidents and incidents of violence, including sexual assault and murder.
Supported by leading experts like Professor Charles Parry, an expert on substance abuse, DGMT’s case highlights the central role that provinces play in protecting public health and safety.
This application builds on DGMT’s broader commitment to addressing alcohol-related harms nationwide. It follows a recent case in the Western Cape, where the High Court suspended a Kannaland Municipality bylaw allowing alcohol sales seven days a week, with extended trading hours on weekdays. DGMT is also participating as amicus curiae (friend of the court) in the Sekhukhune Liquor Traders Association and Economic Freedom Fighters (EFF) challenge against the 2023 Limpopo ‘midnight law’. As a friend of the court, DGMT will present evidence supporting the Limpopo Liquor Board and the provincial Department of Economic Development, Environment and Tourism’s regulation to restrict liquor trading hours to midnight.
These efforts underscore DGMT’s dedication to advocating for policies that prioritise public health and societal equity across South Africa.