The Constitutional Court has reserved judgment in a case that could determine whether the Northern Cape’s expanded liquor trading provisions remain in force, after a legal challenge linked the legislation to public health risks and the protection of children.
The application was brought by the DG Murray Trust (DGMT), which is challenging changes passed by the Northern Cape Provincial Legislature under the 2024 Liquor Act. The trust argues that the extended trading arrangements may cause greater social harm than benefit, particularly in a province where alcohol-related problems have been described as severe.
The case reached the country’s highest court after the DGMT secured a partial victory in the Northern Cape High Court in April. The Constitutional Court’s decision is now awaited, and no final ruling has been issued on whether the provisions are constitutionally valid.
Under the Northern Cape law being challenged, certain venues may trade until 2am. Nightclubs may remain open until 6am, while bottle stores are permitted to trade on Sundays. These provisions have drawn opposition from health advocates and members of the public who have called for a more cautious approach to the regulation of alcohol.
| Trading provision | Position described in the challenge |
|---|---|
| Some liquor venues | Permitted to trade until 2am |
| Nightclubs | Permitted to trade until 6am |
| Bottle stores | Permitted to open on Sundays |
Dr David Harrison, the trust’s chief executive, has highlighted the scale of alcohol-related harm reported in the province. The Northern Cape has been described as having the country’s highest rates of alcohol-related problems, while foetal alcohol syndrome is reported to affect one in five children in the province.
Those figures place the legal dispute beyond the question of business operating hours. The challenge also concerns how the state should balance the interests of liquor traders and adult consumers with the potential consequences for children, families and communities affected by alcohol abuse.
“We have one of the best Constitutions in the world, and that Constitution requires the state to ensure that children and adults are protected from violence.”
Harrison said the state had a duty to protect both adults and vulnerable children from violence and other harms associated with excessive alcohol consumption. The trust’s argument is therefore centred not only on the authority of the provincial legislature to regulate liquor, but also on whether the resulting rules provide sufficient protection for people at risk.
What the trust is asking for
If the Constitutional Court finds that the 2024 legislation is unconstitutional, the DGMT has asked for the Northern Cape Provincial Legislature to be given 24 months to correct the legal shortcomings identified by the court.
The trust has also proposed temporary arrangements for the period in which any defects are addressed. These recommendations include:
- requiring bars and taverns, where alcohol is consumed on the premises, to close by midnight;
- restricting the sale of alcohol by bottle stores on Sundays; and
- allowing the legislature time to revise the provisions in line with the court’s judgment.
These are proposals made by the DGMT and do not represent an order of the Constitutional Court. The court may accept, amend or reject the relief requested by the trust when it delivers its judgment.
Decision could reach beyond the province
The outcome is being watched because the case raises questions about liquor regulation that may have relevance beyond the Northern Cape. A judgment on the constitutionality of the extended hours could provide guidance on how provincial authorities must weigh economic and commercial considerations against public health, safety and children’s rights.
For now, the legal position remains unresolved. The Constitutional Court has reserved its judgment, and the source material does not indicate when the decision will be handed down. Until then, the challenged provisions remain at the centre of a dispute over how the Northern Cape should regulate alcohol in a province facing serious reported alcohol-related harm.
