- Many township operators belonging to the Western Cape Liquor Traders Organisation (WCLTO) protested on Wednesday demanding an finish to alleged “police harassment” and that unlicensed premises be licensed.
- The Western Cape Liquor Authority (WCLA) says granting licences can’t be taken calmly.
- The Southern African Alcohol Policy Alliance (SAAPA) says uneven implementation of the regulation and the legacy of apartheid are points that require a holistic strategy from authorities, but a free-for-all is just not the reply.
More than 200 members of the WCLTO marched to the provincial legislature and Parliament on Wednesday, to protest in opposition to what they declare is unfair remedy by police and authorities.
The marchers included licensed and unlicensed liquor traders and prospects from Nyanga, Langa, Gugulethu, Mitchells Plain and Philippi.
Unlicensed dealer Mamthembu Mhlanga from Philippi, who has been operating her enterprise for more than 5 years, complained of police harassment.
“I am unemployed and a breadwinner so I depend on that money,” stated Mhlanga.
Bamanye Languza, WCLTO secretary and a licensed liquor store proprietor in Langa, stated, “We have been embarrassed, ambushed and treated unfairly by the South African Police Service … They steal your money and they beat you up. Just yesterday an incident like this happened in Langa.”
“Some people have families to feed and they only manage to sell two cases of beer a day. Now imagine that little that you made for the day being taken and even if you go and report the incident, it goes nowhere,” stated Languza.
Police haven’t but responded to GroundUp concerning the allegations of harassment.
The protesters sang and waved placards with: “Treat us as a formal business not as drug dealers”, “Liquor traders are employers too” and “Hands off our businesses”.
In their memorandum the protesters demanded that unlicensed liquor traders be licensed. The memorandum additionally referred to as for the popularity of black liquor traders as small, medium and micro enterprises.
The memorandum was accepted by provincial Minister for Police Oversight and Community Safety Reagen Allen.
Alcohol-related harm
Allen instructed GroundUp, “I maintain that at no point are we seeking to be a stumbling block to any liquor outlet, as they play a crucial role in our province’s economy, and job creation. It is however important to us that safety and compliance is ensured, as this helps with businesses running smoother and a safer environment for our residents.”
He stated any liquor dealer that sought to function outdoors the regulatory framework would face the total would possibly of the regulation.
He stated, “The first quarter, April to June 2022, crime statistics for the 2022/23 financial year show us that incidents, directly linked to alcohol that occurred outside liquor outlets led to 16 people being killed, 170 being raped and 468 grievous bodily harm assault cases.”
Alcohol-related harm accounted for more than 7% of deaths in 2012, in accordance with a study by the SA Medical Research Council, cited by on-line publication Spotlight.
An entire-of-government strategy wanted
Maurice Smithers, director of the SAAPA, stated liquor legal guidelines are typically simply and truthful although insufficient. The legal guidelines state they’ve two main functions: to make sure that alcohol use doesn’t trigger social harm and to facilitate participation within the liquor economic system.
“However, we would agree that the implementation of the law is often unequal. We would also argue that there is a need for a whole-of-government approach to dealing with the management of alcohol in our country,” stated Smithers.
“Many people in poorer areas turn to selling alcohol as a way of making a living for both historical and current reasons. Under colonialism and apartheid, black people were banned from buying ‘white’ alcohol and prevented from producing traditional beer themselves, forced instead to buy it from municipal beer halls. In addition, apartheid laws sought to exclude black people from independent participation in the economy as a way of forcing them to work for whites. The consequence of these two factors was the emergence of ‘shebeens’ as a form of resistance against racist laws and as one of the few ways in which people could generate an income independently (taxis and spaza shops were the other main economic activity in the black community).”
“Black areas weren’t zoned in the same way as white areas. In white areas, properties were zoned for a variety of purposes – residential, commercial. Business, industrial, educational, religious etc. In black areas, most properties were only for residential purposes, once again because black people were not supposed to be involved in the economy in their own neighbourhoods, but were expected to travel to white areas for work.”
But, says Smithers, that “doesn’t mean that undoing the injustices of the past should mean that people can open alcohol outlets wherever they like”.
“Liquor outlets should, as far as possible, be restricted to business areas so as to avoid contributing to social harm in residential areas.”
Smithers stated there was proof that most individuals operating small liquor shops would favor to be doing one thing else. “If that is the case, they must be assisted to transition to other areas of economic activity.”
“Reducing the number of liquor outlets in the country will not only assist in reducing alcohol harm, but it will also make the remaining liquor outlets more economically viable.”
SAAPA desires the apartheid zoning scheme scrapped and a basic zoning coverage utilized throughout the nation, and to limit liquor shops to non-residential areas; cease regulation enforcement from harassing traders, and somewhat help liquor companies to transition to different more socially-beneficial financial actions than criminalise them.
Smithers says getting a licence shouldn’t be overly straightforward or low cost, and liquor traders can’t be given a particular dispensation relating to cost for municipal providers.
Smithers stated, “Laws apply equally across the board, but it is true that they are not always implemented equally. That’s what needs to change. They must be implemented properly and equitably and corruption in this regard must be rooted out.”
“Our experience is that people in communities across the country, especially those in precarious areas where there is an oversupply of alcohol, feel that they are powerless to do anything to protect themselves from alcohol harm, that they are held hostage by the anti-social behaviour of some traders and consumers, some complaining that they feel ‘bullied’ by such traders and consumers.”
Liquor licences “cannot be taken lightly”
Rebecca Campbell of the WCLA stated it has a step-by-step guide to the appliance course of of a liquor licence.
“Alcohol causes harm to individuals, families and communities, resulting in significant social, health and economic burdens on society. For this reason, the process to obtain a liquor licence is not simple and cannot be taken lightly,” stated Campbell.
On common, it takes 4 to 6 months to acquire a liquor licence, ought to or not it’s granted.
By 1 April 2023, on-line functions for licences can be potential.
She stated the Liquor Licensing Tribunal, a quasi-judicial physique mandated to think about functions, might not grant a licence until they’re happy, on a stability of chances, that the granting is within the public curiosity.
It considers “the suitability of the applicant and premises, potential negative impact on the local community (residents, school learners, patients in an institution for drug or alcohol-related dependencies, congregants of religious institutions), right of occupation for the premises, and proximity to a petrol service station”.
“The challenges experienced in obtaining appropriate zoning are complex, especially in residential areas where the majority of residents have objections to the granting of liquor licences within their residential area,” stated Campbell.
© 2022 GroundUp.
This article was first printed on GroundUp, here.
