After a partial win in the Northern Cape High Court, the DG Murray Trust (DGMT) has turned to the highest court in the land for the final say in a case about extended liquor trading hours in that province.
DGMT has filed papers in the Constitutional Court just weeks after the Northern Cape High Court ruled that the provincial government failed in its duty to consult the public when it passed a law that allowed liquor stores, bars and clubs longer trading hours.
The court ruled that the public consultation process was invalid, making the law itself invalid.
DGMT now wants the Constitutional Court to confirm the high court’s ruling which is required in law.
But that’s not all. It is taking matters a step further by appealing parts of the judgment where the judge declined to make findings relating to the broader constitutional implications of extended liquor trading hours on the public’s dignity, safety, health and children’s rights. DGMT argues that provincial legislatures have a constitutional obligation to respect, protect and promote fundamental rights when passing laws that affect public health and safety, over and above a robust public participation process.
“The Constitutional Court case is the next step in DGMT’s ongoing legal challenge concerning the Northern Cape liquor law. The matter raises important questions about public participation, constitutional obligations and how liquor laws are framed in contexts where communities are already experiencing significant alcohol-related harm. It cannot be that they are allowed to make an already bad situation worse,” says Kashifa Ancer, Project Lead of Rethink Your Drink, DGMT’s alcohol harms reduction campaign.
“Liquor legislation cannot be divorced from the negative social and health conditions that result from heavy drinking, including violence, pressure on public healthcare systems, and babies born with Foetal Alcohol Spectrum Disorder,” says Ancer.
“Communities deserve liquor laws that are evidence-informed and responsive to the realities of alcohol harm.”
DGMT confirms that the Constitutional Court process is now underway and that further updates will be provided as the matter progresses. Access the full Northern Cape High Court judgment here.
About Rethink Your Drink: Rethink Your Drink is an alcohol harms reduction campaign by DGMT. The campaign challenges the norms, policies, and industry practices that promote and normalise heavy drinking, with a special focus on protecting young people and underresourced communities.
