gavel thumb100 TimesLive reports that the Western Cape High Court has found that the regulations which prohibited the sale, dispensing and distribution of liquor during 2020 had been necessary for assisting and protecting the public and addressing other destructive effects of the Covid-19 pandemic, notably the collapse of the health system.

The court also found that Minister of Co-operative Governance and Traditional Affairs, Nkosazana Dlamini-Zuma, had proven that the regulations represented the least restrictive means of achieving the purpose of immediately freeing up hospital facilities and services to people infected with Covid-19. The court, in a two-to-one decision, on Friday dismissed an application by SA Breweries (SAB) against the regulations. One of the grounds advanced by SAB was that the outright liquor ban — while leaving consumption unscathed — was unconstitutional because it denied the fundamental constitutional rights to trade freely and human dignity. According to the SAB, the consequence of this erosion was the destruction of livelihoods. The application was launched on 6 January 2021 and was persisted with even after the alcohol ban was repealed in early February 2021. SAB argued that the issues in dispute were not moot and the court ought to consider them because it concerned the infringement of constitutional rights.


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