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History of this document
01 August 2023 amendment not yet applied
Amended by
Liquor Products Amendment Act, 2021
13 August 2004
Commenced by
Liquor Act, 2003: Commencement
26 April 2004 this version
20 April 2004
Assented to
Cited documents 0
Documents citing this one 165
Gazette
148Judgment
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Reported
A grocer’s wine licence can be property, but the provincial law changing licensing was not an arbitrary deprivation.
Property — constitutional protection of commercial/state-issued licences; section 25 — whether statutory licence to sell wine in grocery stores is "property"; Deprivation — whether transitional legislative scheme deprived licence-holders; Arbitrariness — standard for legislative deprivation (sliding scale from rationality to proportionality); Regulatory change and legislative facts — provincial liquor regulation and transitional arrangements; Remedy — confirmation of invalidity withheld.
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Reported
Section 25 permits transfers and surrenders of water-use entitlements; trading is not per se unlawful but is regulated.
National Water Act s 25 – transfer and surrender of water-use authorisations – s 25(1) permits temporary third‑party use; s 25(2) permits conditional surrender to facilitate licence applications by third parties; transactions regulated by ss 26, 27 and 29 – trading/compensation not per se prohibited but subject to responsible authority approval and s 27 considerations; PAJA exhaustion exemption where exceptional circumstances exist.
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Reported
Provincial statutory lapsing of grocer’s wine licences was an arbitrary deprivation of property and declared unconstitutional.
* Constitutional property – licences – grocer’s wine licences constitute property under s 25(1) when they have commercial value and stability.
* Deprivation – transitional statutory lapsing of licences amounted to substantial deprivation of property.
* Arbitrariness – deprivation arbitrary where stated aims (administrative simplification, regulatory concerns) are insufficient and speculative.
* Severability and interim relief – offending words and s71(5) severed; interim authorisation to continue selling wine pending Constitutional Court confirmation.
* Procedural matters – urgency, non-joinder of national Minister, s64 and Rule 16A non-compliance condoned.
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Reported
A temporary ban on tobacco sales unjustifiably limited constitutional rights and was not strictly necessary under the Disaster Management Act.
Constitutional law; Disaster Management Act s27(2)(n) — power to suspend or limit sale of commodities; limitation of rights (dignity, bodily/psychological integrity, trade, property) — s36 proportionality; necessity construed as strictly necessary; Regulation banning tobacco sales during COVID-19 held unjustified and ultra vires; Biowatch costs principle applied.
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The application for a final interdict was dismissed due to non-joinder of necessary party and unmet interdict requirements.
Civil Procedure – Interim interdict – Requirements for final interdict – Locus standi – Non-joinder – Tribal Authority's interest in proceedings.
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Whether substantial and compelling circumstances justified departing from prescribed life sentences for intimate femicide and attempted murder.
* Criminal law – Murder and attempted murder in domestic relationship – proof of dolus eventualis.
* Sentencing – Minimum sentences under s 51(1) Criminal Law Amendment Act – when substantial and compelling circumstances justify departure.
* Mitigation – Role of alcohol intoxication, first‑offender status and remorse in assessing moral blameworthiness.
* Gender‑based violence – judicial obligation to balance deterrence and proportionality; State and regulatory implications (alcohol labelling).
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Automatic statutory lapsing of grocer’s wine licences arbitrarily deprived property rights and is constitutionally invalid.
Constitutional law – property – licences and permits – grocer’s wine licences constitute property under s25(1); Deprivation – deprivation by statute and arbitrariness – automatic lapsing of licences after ten years arbitrary and unjustified; Remedies – severance and referral to Constitutional Court; Interim relief – continued sale pending confirmation; Procedural – urgency and condonation of non-compliance with s64 and Rule 16A.
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Reported
Whether the KZN Act prohibits the applicant, as a pre‑existing licensee, from selling liquor within 500 metres of schools or religious institutions.
Liquor licensing — statutory conversion of pre‑existing licences (s 101 KZN Act) — proximity prohibition (s 48(5)(e)) applies to new licence applications, not automatic cancellation of converted pre‑existing licences; Regulation 47(1) unlawful as irrational; PAJA condonation granted; protection against retrospective extinguishment of vested licence rights.
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The court held that community consultation duties rest on the ward committee, not the liquor certificate applicant.
Liquor Law – Judicial review – Interpretation of obligations under the Eastern Cape Liquor Act – Transfer of liquor registration certificate duties.
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Act
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Business, Trade and Industry
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Finance and Money
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Health and Food Safety
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Business, Trade and Industry
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Repealed
Business, Trade and Industry
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Health and Food Safety
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Business, Trade and Industry
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Health and Food Safety
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Uncommenced
Business, Trade and Industry
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Business, Trade and Industry
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Finance and Money
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Public administration
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By-law
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Agriculture and Land
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Infrastructure and Transportation
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Agriculture and Land
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Infrastructure and Transportation
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