Residents win in shebeen litigation
YEOVILLE and Bellevue residents emerged victorious this week for all Gauteng residents against the Gauteng Department of Economic Affairs and the Gauteng Liquor Board.
On Wednesday, the Yeoville and Bellevue Ratepayers’ Association took the two entities on at the Joburg High Court for allowing the liquor board to issue and convert temporary shebeen permits into permanent licences without the involvement of the community.
Community spokesperson Tsepo Matubatuba said the case has been going on for four years now.
He said he was delighted at the “watershed” case outcome.
“We, as a community, were successful in taking on the liquor board for irregularly passing these regulations, which exclude community participation in the issuing of shebeen licences,” he said, explaining that being given temporary permits was a pilot project that was supposed to last only two years, but went on for nine.
“On promulgating rules to turn the permits into permanent licences, the Gauteng Liquor Board was given the sole authority to decide the suitability of such shebeens, leaving out the right to comment and participate by the community of those areas.
“After four years, our marathon case, so competently handled by our pro bono lawyers, Werksmans, judgment was handed down in our favour. It should be noted here that the challenge was not intent on eliminating the liquor sector maliciously, but on upholding the rights of the community and the principle of participation and consultation on issues affecting commun- ities,” he said.
Maurice Smithers, speaking on behalf of residents, and the Southern African chapter of the African Alcohol Policy Alliance, said this was a great victory for all Gauteng residents being disturbed by liquor outlet problems.
“We tried everything before going to court. We tried consulting with department and board officials, we sent lawyers’ letters and pleaded with them to listen to our grievances, but were ignored and treated like fools,” he said.
These liquor laws affected not only the neighbouring communities, but the liquor traders and shebeen owners themselves, who have been in limbo regarding their licences, he added.
“We also blame government small business development policies, which do not help people to set up alternative businesses to liquor.”
The alliance represents 8 countries trying to get a louder voice in relation to liquor laws. The d e p a r t ment has two years to come up with alternative policies.
Judge Elias Matojane declared the Gauteng liquor regulations on shebeen licences published under government notices in 2013 by the Department of Economic Development to be in direct conflict with the stated purpose of the Gauteng Liquor Act and therefore invalid.
In this regard the judge made the following order: The decision of the MEC to promulgate the regulations is reviewed and set aside; The provisions of the regulations are declared ultra vires and therefore invalid;
The declaration of invalidity shall not have retrospective effect; The declaration of invalidity is suspended for two years to allow for the defects to be remedied and the department and the liquor board held liable for costs.
‘We tried everything before going to court.’