Draft Liquor Amendment Bill, 2016 Joint Comment To The Director-general Of The Department Of Trade And Industry
May 10 2017
The draft Liquor Amendment Bill is unconstitutional
The draft Liquor Amendment Bill cannot be rescued. The Constitutional Court has already ruled its conceptually identical precursor unconstitutional. Since it is fundamentally unconstitutional it should be abandoned in toto. It cannot be rescued by being cosmetically and linguistically massaged. What was unconstitutional about the prior bill was its substance not its form. This bill is unconstitutional for precisely the same reason.