1. Schedule 5 of the Constitution of the Republic of South Africa, 1996, (Act No.108 of 1996) addresses the functional areas of the exclusive provincial legislative competence.
Part 'A' of Schedule 5, clearly states that the issuing of liquor licences falls within the ambit of provincial legislative competence, to rpgulatp the micro- manufacturing and retail sale of liquor through provincial liquor legislation.
The legal implications of Schedule 5 is that, where in the past the liquor industry was governed by only the Liquor Act, 1989 (Act No. 27 of 1989), the liquor industry is now governed by the nine provincial liquor acts and one National Liquor Act, 2003 (Act No. 59 of 2003).
Provincial legislative framework
The provincial liquor legislations are administered by the respective Provincial Liquor Boards/Authorities/Regulators, in the nine provinces. The provincial liquor legislation is only applicable in the respective provinces. The following legislations listed below, include offences for drinking in public and being under the influence in public and are utilised by the South African Police Service (SAPS) to charge offenders:
Eastern Cape Liquor Act, 2003 (Act No 10 of 2003);
Free State Gambling and Liquor Act, 2010 (Act No 6 of 2010):
Gauteng Liquor Act, 2003 (Act No 2 of 2003);
Limpopo Province, Liquor Act, 1989 (Act No 27 of 1989);
Mpumalanga Liquor Licensing Act, 2006 (Act No 5 of 2006);
Northern Cape Liquor Act, 2008 (Act No 2 of 2008);
North West Province, Liquor Act, 1989 (Act No 27 of 1989);
KwaZulu-Natal Liquor Licensing Act, 2010 (Act No 6 of 2010);
Western Cape Liquor Act, 2008, (Act No 4 of 2008);
(2)(a)
The SAPS conducts day-to-day operations and in 2017/2018 to 25 February 2019, a total of 64 809 persons were charged for drinking in public.
Guidelines, to deal with petty offences (category B-Crimes) and to prevent civil claims against the SAPS, were developed and distributed to all provincial commissioners for implementation.
These guidelines also deal with the release of persons, who are arrested for offences related to drinking or being drunk in public. Such persons may be issued with a written notice (J534) as a method of securing his or her attendance in a Magistrate Court, in accordance with Section 56 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
(2)(b) Education and awareness campaigns are regularly held with stakeholders to engage with communities and schools, to address underage drinking and the prevention of liquor abuse. A total of 21 626 liquor awareness campaigns were conducted, in 2017/2018, to date.
Reply to question 395 recommended d
cO
KJ LE (SOEG)
GENERAL AFRICAN POLICE SERVICE
Date:
2616 -6J- 6 6
Reply to question 395 approved/not approved
MINISTER OF POLICEBH CELE, MP
Date: