The Liquor Bill Case

The Liquor Bill Case

Ex Parte The President of the Republic of South Africa in Re: Constitutionality of the Liquor Bill

Under Apartheid laws, the brewing, distribution and sale of liquor was very prejudicial. The Liquor Bill was aimed at rectifying the situation.

If we have a look at our Constitution we will find that Schedule 4 includes a list of issues which are to be dealt with concurrently by National and Provincial legislatures. Trade is one of these issues. Schedule 5 on the other hand deals with issues of exclusive provincial legislative competence. This schedule includes liquor licenses. The President was worried that if the matter was addressed under Schedule 5 then it would in the exclusive jurisdiction of the provinces so the matter was brought before the constitutional court by President to the Court for consideration in terms of Section 84(2)(c) of the Constitution.

The Constitutional Court held that the same things overlap into Schedules 4 & 5.

“Trade” is the manufacturing and distribution which crosses provincial lines and is a Schedule 4 matter whereas “licenses”