03 Aug 2021

The High Court here yesterday dismissed an urgent application by Kgalagadi Breweries in the matter in which the company wants the government to rescind its ban on alcohol. 

The dismissal on urgency now means KBL will have to follow the normal process to lodge their case. 

In dismissing the urgent application, a three-judge panel comprising Barnabas Nyamadzabo, Tshepo Motswagole and Godfrey Radijeng unanimously ruled that KBL had not demonstrated the urgency it sought. 

However the court would not give full reasons for the dismissal and would do so in due course, explained Justice Justice Motswagole when delivering the ruling. 

KBL through advocate Andrew Redding had on July 6 challenged the government’s ban on alcohol sales on an urgent basis, arguing that it raised issues of exceptional public importance. 

Among these were that at least 50,000 direct jobs and 200,000 livelihoods in the alcohol value chain were threatened. 

The brewer therefore wanted the Court to declare “unlawful and invalid as well as to review and set aside Government notice No.362 of 2021 issued in terms of the emergency powers act (CAP 22:04) as read with the emergency powers (Covid-19) regulations, 2020 and published by the Director of Health Services.” 

It further wanted the court to issue a temporary order suspending the operation of the government notice pending the final determination of the matter. 

The company cited President Dr Eric Masisi alongside the Attorney General and the Director of Health Services as respondents in the application. 

Attorneys Kgalalelo Monthe, Phenyo Sekape and Dr Baatlhodi Molatlhegi represented them. When asking the Court to dismiss the application, the respondents’ attorneys argued that the applicants had failed to substantiate urgency as required by the rules of the high court. 

They argued that the fact that KBL was losing money, alone could not to justify urgency. 

KBL’s Communications Manager, Mr Masegonyana Madisa said after the ruling, KBL would consult with its attorneys and chart the way forward.  Ends