Demarcating provincial and local powers regarding liquor retail

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dc.contributor.authorde Visser, Jaap
dc.date.accessioned2014-10-07T19:35:08Z
dc.date.available2014-10-07T19:35:08Z
dc.date.issued2004
dc.description.abstractLocal government’s newly acquired status as a fully-fledged sphere of government with constitutionally protected powers is slowly gaining momentum. Now that the dust is slowly settling around the demarcation and establishment of local government institutions, the demarcation of local government powers visà- vis other spheres of government is fast becoming a critical area of academic research and intergovernmental dialogue. As they become aware of their constitutional scope, municipalities will start asserting their institutional integrity with powerful metropolitan municipalities taking the lead. In an earlier article in this journal, the approach to local government powers as set out in the Constitution was outlined.1 This article takes the matter further and presents a case study on the demarcation of local government powers in one specific area, namely the regulation of the liquor retail industry. In the Liquor Bill judgment of 2000 more clarity was provided about national versus provincial powers regarding the liquor retail industry.2 Another important issue is the division between provincial and local powers. Schedule 5A of the Constitution lists ‘Liquor licences’ as a provincial competency. Schedule 5B of the Constitution lists ‘Control of undertakings that sell liquor to the public’ as a local government competency. This apparent overlap in the constitutional regime on provincial and local legislative powers over liquor retail matters raises two demarcation issues. The first demarcation issue is: what is the difference between ‘Liquor licences’ (a provincial competency) and ‘Control of undertakings that sell liquor to the public’ (a local government competency)? This question will be dealt with in sections 2 and 3 of this article.en_US
dc.description.accreditationDepartment of HE and Training approved listen_US
dc.identifier.citationde Visser, J. (2004). Demarcating provincial and local powers governing regarding liquor retail. SA Public Law, 9(2): 335-377en_US
dc.identifier.issn02586568
dc.identifier.urihttp://hdl.handle.net/10566/1253
dc.language.isoenen_US
dc.privacy.showsubmitterfalse
dc.publisherUnisa Pressen_US
dc.rights2004 © Unisa Press. Permission given to reproduce the file.
dc.status.ispeerreviewedtrue
dc.subjectDemarcatingen_US
dc.subjectProvincial government
dc.subjectLocal government
dc.subjectLiquor retail
dc.subjectLaw
dc.subjectSouth Africa
dc.subjectLiquor Bill judgment of 2000
dc.titleDemarcating provincial and local powers regarding liquor retailen_US
dc.typeArticleen_US

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