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The latest ban on the sale of liquor must be declared “unconstitutional, illegal and invalid”, the applicants filed the first court case against the renewed liquor ban and it was submitted in the High Court in Pretoria on Monday.
About 140 wine farms are represented by ten applicants. These include the agricultural organization Saai, which works for family farms, three wine estates and wine associations. The respondents are dr. Nkosazana Dlamini-Zuma and four others. See the full list of applicants and respondents below.
Daniël Eloff, instructing lawyer of Hurter Spies on behalf of all the applicants, says the application was submitted on Monday and served on the respondents.
They also want to set aside the earlier decision that no liquor may be sold in restaurants.
According to court documents, the decisions are irrational and the industry has not been properly consulted on this. This is irrational because the impact of the ban on wine farms and their workers has not been properly taken into account.
The application focuses on the decisions affecting family farmers who play a close role in their communities; people who are breadwinners in their communities who now cannot earn an income at all.
The applicants also argue that wine should be distinguished from other types of alcohol. In the decision-making process, the wine industry’s unique position in the alcohol sector must be taken into account.
The court is requested to hear the case on August 18 on an urgent basis.
Saai said Friday’s experience has taught them to allow more time for a court application amid the state of restraint.
The applicants also ask for the record of decision-making on what led to the latest ban, as well as the decision on the ban on the sale of wine in restaurants.
They request that these records be made available to them by 27 July. Thereafter, the applicants are again given the opportunity to submit their supplementary founding affidavit.
The respondents must notify the applicants’ lawyers by 3 August of their intention to oppose the application and must submit their answering affidavit by 7 August, the applicants ask.
Who are the parties in the court case?
The other applicants are:
- Welbedacht Wines;
- Rust and Vrede Wine Estate;
- Fairview Investments;
- Stellenbosch Wine Routes;
- Visit Stellenbosch (non-profit company);
- Paarl Wine Route Association;
- Heaven and Earth Wine Growers Association;
- Franschhoek Wine Valley Tourist Association (non-profit company;
- Wellington Wine Route Association.
The other respondents are:
- Tourism minister;
- Minister of Trade, Industry and Competition;
- That cabinet;
- The president.
