Police Oversight and Community Safety

[a] The Department acknowledges that the SAPS remains the primary law enforcement agency to respond to the illegal trading in alcohol by persons not licenced to do so. The introduction of Regulation 37[A] provides for notices to be issued to illegal outlets by the WCLA. Copies hereof are then provided to SAPS to indicate that such wariness have been issued to unlicensed premises.

The illegal traders are informed of the processes to follow to become legal traders by applying for liquor licences. During 2021, the Area Based Team methodology was introduced in support of the Western Cape Government [WCG] Safety Plan focussing on areas with high levels of violent crime.

Members of the SAPS have powers in terms of the Criminal Procedure Act and the SAPS Act which is not available to Liquor Inspectors. Illegal trading necessitates criminal investigations, powers held by the SAPS. These matters enter the Criminal Justice System.

         [b]   The number of illegal shebeens operating according to latest estimations is 3208.

BREAKDOWN OF AREAS
Nyanga	Ceres	Langa
Ravensmead	Delft	Thembalethu
Conville	Paarl – East	Gugulethu
Manenberg	Mbekweni	Khayelitsha
Harare	Lingelethu West	Kuilsriver
Kleinvlei	Malmesbury	Ashton
Beaufort West	Montagu	Robertson
Strand	Stellenbosch	Atlantis
Milnerton	Mfuleni	Tableview
Bredasdorp	Hermanus	Kleinmond
Struisbaai	Hout Bay	Knysna
Philippi – East	Samora Machel	Worcester
De Doorns	Mitchells Plain	Bellville South
Belhar	Durbanville	Bishop Lavis
Grabouw	Villiersdorp	Kwanonqaba

         [c]   Illegal trading is addressed through criminal prosecution and the SAPS may be able to provide these.

         [d]   Besides the fact that the selling of liquor without a licence is criminalised in terms of the Western Cape Liquor Act, numerous by-laws may in the process also be contravened. Municipal   Law Enforcement officials therefore often accompany inspectors to enforce by-laws.

         [e]   The Governing Board as constituted is the Accounting Authority for the WCLA which reports to the Minister of Community Safety the custodial Department for the WCLA. All budget and planning processes applicable to the WCLA as a provincial public entity is facilitated via the Department. A governance arrangement has been further institutionalised by a memorandum between the WCLA and the Department.

         [f]    As mentioned above, the SAPS is the primary law enforcement agency to deal with illegal trading. These matters are investigated, prepared and processed by SAPS officials for purposes of criminal prosecution. Liquor Inspectors will however follow upstream prosecution in collaboration with other law enforcement agencies to ensure those licenced outlets that enable the illegal outlets are monitored and prosecuted in case of the illegal distribution of liquor to unlicenced outlets. Such intervention proves to be effective as matters are presented to the Liquor Licence Tribunal [LLT] who has the powers to impose fines in excess of R100 000 per offence.

ADDITIONAL COMMENTS:

On 2 August 2022, I [Minister Reagen Allen] issued a statement that amongst others contains the following:

In its efforts to incentivise compliance and reduce the administrative burden on compliant liquor traders, the WCLA took an important step forward on Monday, 1 August 2022, when notices were served on 116 liquor licence holders whose liquor licence is not capable of automatic renewal for 2023.

These licensees have failed to comply with the conditions of their licence, the WC Liquor Act or a compliance notice, and are therefore required to apply for the renewal of the licence.

The 1^st quarter crime statistics of the 2022/23 financial year in the Western Cape shows that 468 grievous bodily harm cases that were recorded were directly linked to alcohol, while 170 rapes and 16 murders occurred. The more we ensure our outlets and traders are compliant the more we will reduce other forms of crime.

The very reason why these steps are being taken is to avoid tragedies that the honourable member is referring to, and similar avoidable and tragic events that we have seen across the country in recent times. We have to ensure that liquor traders are compliant, as responsible trading plays a big role in combatting crime and ensuring safer communities.