EC liquor board rejects call for moratorium on licences

The Eastern Cape Liquor Board (ECLB) has told the SA Human Rights Commission that it will not place a moratorium on issuing liquor licences in the province despite the SAHRC’s report indicating that this would be a key step towards preventing another Enyobeni tragedy.

Two years and a day later, corrective action for the Enyobeni tragedy is still being sought and a report thereon released in April by the SAHRC gave several role players one to three months to take corrective steps including the ECLB which the report finds that at the time of Enyobeni there was only one inspector servicing Buffalo City for the 515 registered outlets in the area.

Since then, the number of registered outlets has grown to 975 with only four inspectors for the city. This means that one inspector is responsible for every 244 outlets in the city.

The report finds that the shortage of human capital compromises ECLB’s ability to address non-compliance issues in a timely manner and prevent incidents such as Enyobeni tragedy. The report also states that ECLB’s licensing committee’s backlog in processing applications points to an inability from ECLB to manage the influx of new entrants into an already saturated market.

It reads: “[it is recommended] that the ECLB, with the co-operation of DEDEAT and other key stakeholders, consider an immediate moratorium on issuing of new on-site liquor licences until sufficient capacity is appointed to effectively monitor compliance with existing regulations.

“This pause will allow ECLB to address the current deficiencies in enforcement and ensure that future licences are granted responsibly.”

Eastern Cape SAHRC provincial head, Dr Eileen Carter said ECLB had not complied, saying that the Liquor Act does not contain provisions for the suspension of the issuing licences.

Carter said: “The response was that if they should impose a moratorium, this will then open themselves up for litigation, as they will be acting contrary to the law. The SAHRC has responded in this respect again reflecting on section 36 of the constitution, which says that he rights in the bill of rights can be limited if this is reasonable and justifiable in an open and democratic society that is based on human dignity, equality, and freedom. We await their responses herein.”

ECLB spokesperson Msyia Mgwebi said: “ECLB has acknowledged and appreciated the findings and recommendations of the SAHRC.

“Further ECLB did provide details of its legislative mandate and various mechanisms that it has put in place to manage numbers of liquor licences that include training of SAPS and councillors in supporting the compliance initiatives.”

The report also called for ECLB to play a more proactive role in facilitating the community consultations, which are a crucial component of the liquor licensing process and providing training for ward councillors and ward committees on how best to facilitate the engagement.

Ward 18 councillor Jason MacDowell said he has been requesting training on the application process since he assumed office in 2019, but none had been forthcoming.

The report also gives Buffalo City Municipality, the office of the premier and SAPS, among others, three months in which to address recommendations for each. This deadline expires at the end of July.

BCMM was tasked with establishing a local drug action committee (LDAC) in line with the Substance Abuse Act.

The municipality was also told to provide more recreational facilities, identify illegal liquor outlets, and follow business zoning and building regulations.

BCMM spokesperson Samkelo Ngwenya said that the in line with the recommendations, the city launched a Scenery Park outdoor gymnasium on May 17 sponsored by the national department of sport, arts and culture.

The gymnasium includes 10 pieces of gym equipment and three pieces of children’s playground equipment. Ngwenya said there also plans to provide soccer fields and sporting programmes.

SAPS was chastised for its handling of complaints from the Scenery Park community dating as far back as 2021 regarding Enyobeni’s operations.

Col Siphokazi Mawisa said: “The SAPS are in the process of engaging with relevant stakeholders.”