PENDING LIQUOR LEGISLATION
According to the Bush Telegraph both the North West Province and the Limpopo Province have prepared new Legislation and Regulations to replace the old 1989 Liquor Act in those Provinces. In terms of the Act 59 of 2003, sometimes referred to as the National Liquor Act, the applicable Provincial Legislation for these two Provinces is still the Liquor Act, 27 of 1989 and the Regulations thereto. These two Provinces are the only remaining Provinces which did not as yet legislate into operation their own Liquor Legislation.
The 1989 Liquor Act, to our mind, was a very simple, effective and incompliancy piece of Legislation and it is a pity that it is being replaced and whilst replaced in other Provinces with Legislation which lacks the clarity of drawing, a clear understanding of the liquor trade as a whole and rather fragments Liquor Legislation in the country rather than given effect to the requirement of the “National Liquor Act” for uniformity. It is not yet known when these Provinces will promulgate their Legislation and Regulations into operation. However, we strongly recommend that if your plan on bringing an application for a licence in one of these two Provinces, you should do so as a matter of urgency as it will definitely not be easier and simpler or cheaper under the new envisaged Legislation.