Is the ban on tobacco and alcohol sales during lockdown legally justified?
There has been some confusion as to the purpose of the temporary ban of alcohol and tobacco sales during the 21-day lockdown.
Eusebius McKaiser speaks to senior counsel and author Advocate Tembeka Ngcukaitobi about the legalities around the regulation and how it is related to COVID-19.
If one assesses all of these restrictions, one must use the rationality test and the proportionality test.Advocate Tembeka Ngcukaitobi, Senior counsel and author
The most revealing statement was made recently by the minister of police, who stated that the banning of alcohol is good for fighting crime, so what it actually means is that a health concern has now been displaced by some kind of a securocratic concern....Advocate Tembeka Ngcukaitobi, Senior counsel and author
Alcohol sales on their own do not appear to be directly relevant to COVID-19 per se...Advocate Tembeka Ngcukaitobi, Senior counsel and author
I do think that their argument would be - well as soon as we decided that the general rule was that only essential goods may be purchased, the next question that followed was whether or not alcohol can be classified as an essential good and once they couldn't get around the question of classifying alcohol as an essential good, it followed that it could be banned ... but I think both of those arguments would probably not survive rationality or proportionality scrutiny.Advocate Tembeka Ngcukaitobi, Senior counsel and author
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