By Maurice Smithers
Johannesburg - Since early this year, South Africa and other countries confronting the Covid-19 pandemic have imposed extraordinary controls over the sale and consumption of alcohol.
In South Africa, clause 27(2) (i) of the Disaster Management Act allows for “the suspension or limiting of the sale, dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area”, meaning that special restrictions can be imposed during other disaster situations as well.
Controlling the distribution and use of alcohol during a disaster is an acknowledgement that there are risks associated with the use of alcohol, risks not associated with other consumer products. This begs the question: if alcohol is a risk during a situation of a disaster, is it not a risk under normal circumstances as well? The answer, as we all know, is yes, hence the inclusion in the statute books of most countries of legislation specifically aimed at controlling the way alcohol is produced, sold and used.
But why is there a need to impose even stronger restrictions during a disaster situation? Southern African Alcohol Policy Alliance of SA (SAAPA SA) would argue that it is because current legislation in South Africa and elsewhere does not contribute effectively to the goal of an alcohol-safe environment. This means that unmanaged alcohol use is a permanent threat to the health, safety and well-being of citizens, a threat exacerbated in a disaster situation.
SAAPA SA and its partners in southern Africa are all engaged in lobbying for better alcohol policies in their countries and for civil society to have a voice in the framing of those policies. So what is the current situation with alcohol policy in South Africa and how effective could it be in reducing alcohol-related harm?
In 2003, the government adopted the Liquor Act (59 of 2003). This was followed by the adoption of provincial legislation governing the sale and consumption of alcohol, provinces being the government sphere responsible for liquor licensing.
Since then, there have been reviews of these laws by, inter alia, national government and Gauteng and Western Cape provincial governments. The consequence of the national review process was the adoption in 2016 of a new national Liquor Policy.
In 2010, an Interministerial Committee (IMC) to Combat Substance Abuse was established in South Africa, in part to address the increasing challenges of alcohol-related harm in the country. Also in 2010, the World Health Organization (WHO) published its “Global strategy to reduce the harmful use of alcohol”. The strategy called for countries to adopt the three “best buys” of limiting or banning alcohol advertising; reducing alcohol availability; and increasing the price of alcohol.
There have been significant and substantial proposals over the years and government has taken steps to make (some of) the law through the Road Traffic Amendment Bill of 2015 and the Liquor Amendment Bill of 2016. At the time of writing, however, four years after the adoption by Cabinet of the new Liquor Policy, the bills have not been enacted.
In South Africa, then, there is no need to fight for better alcohol policy. We have one. What we need is for it to be given effect through the adoption of appropriate legislation. The two bills are not perfect, but their enactment would be a significant step forward in our quest for an alcohol-safe country.
Maurice Smithers the director of SAAPA SA.
The Star