South Africa’s liquor trading hours dispute reaches the Constitutional Court on Tuesday, 10 November, and at stake is the practical machinery of alcohol regulation on the ground: who sets trading hours, how communities are consulted, and whether the rules governing taverns, pubs and nightclubs actually work as intended.
The case was brought by the DG Murray Trust (DGMT), which wants stricter limits on when alcohol can be sold. The organisation argues that keeping drinking establishments open into the early hours contributes to violence, road accidents and other alcohol-related harm. Liquor traders are pushing back, warning that tighter restrictions could hurt small businesses already struggling to survive. Although the dispute centres on the Northern Cape, its outcome could shape how other provinces regulate alcohol sales.
The operational story begins with the Northern Cape Gambling and Liquor Act of 2024, which extended the hours during which certain businesses could sell alcohol. Under the law, some establishments could sell alcohol for on-premises consumption until 2 am, while nightclubs could trade until 6 am. DGMT challenged the legislation, arguing that the provincial government failed to consult the public properly and did not adequately consider the potential harm of longer trading hours.
In April 2026, the Northern Cape High Court ruled in the organisation’s favour. The court found that the provincial legislature had failed to give residents a meaningful opportunity to participate in the lawmaking process. One of the biggest problems was that the version of the law eventually passed differed significantly from the version initially presented for public comment. The court also found that public notice was inadequate, particularly for people in rural communities who might struggle to access information online. It declared the 2024 Act unconstitutional and invalid, while finding that specific provisions extending trading hours also failed constitutional requirements of rationality and legality.
What DGMT wants, in practical terms, is a set of interim delivery rules while the province fixes its legislation. The organisation is calling for two temporary restrictions in the Northern Cape: alcohol sales at places where customers drink on the premises should stop at midnight, and take-away alcohol sales should not be allowed on Sundays. The midnight restriction would apply to taverns, pubs, bars and restaurants serving alcohol, although businesses would not necessarily have to close their doors at that time.
Kashifa Ancer, who leads DGMT’s Rethink Your Drink campaign, says that research links longer alcohol trading hours to increased violence and road accidents. She argues that reducing late-night sales would help tackle harmful drinking without banning alcohol altogether. The campaign draws on World Health Organisation recommendations for reducing alcohol-related harm, which include higher alcohol taxes, restrictions on advertising, fewer liquor outlets in certain areas and tighter controls on when alcohol can be sold. Its argument is that reducing access to cheap and easily available alcohol can help prevent harmful drinking, particularly in communities already experiencing high levels of violence and poverty.
The evidence base for those claims is substantial. Research published in The Lancet Global Health in 2025 examined the relationship between alcohol use and femicide in South Africa during the Covid-19 pandemic. According to figures cited by DGMT, femicide fell by 63% during periods when alcohol sales were completely banned and by 43% during periods of restricted sales. These findings suggest that alcohol restrictions can play a role in reducing violence against women. Alcohol is also associated with road crashes, interpersonal violence and pressure on public healthcare services. The economic costs are considerable: DGMT cites research estimating that alcohol-related harm costs South Africa between 10% and 12% of its gross domestic product, compared with the alcohol industry’s estimated contribution of around 3% to 3.6%.
By contrast, the operators on the other side of the counter see the matter differently. The National Liquor Traders Council has criticised DGMT’s approach, arguing that a province-wide midnight cut-off could unfairly punish licensed businesses. Council representative Lucky Ntimane has questioned the scientific basis for choosing midnight as the cut-off and warned that traders could lose income. He also argues that different trading rules between neighbouring provinces could encourage people to cross provincial borders to buy alcohol. For tavern owners in poorer communities, even a few hours of lost trading could affect their businesses. DGMT responds that longer hours also come with costs for traders, including extra security expenses and the risks of dealing with intoxicated customers.
The hearing on 10 November will not necessarily lead to an immediate change in liquor trading hours. The judges must decide whether to confirm the High Court’s declaration that the Northern Cape legislation is unconstitutional. They will also consider the arguments about the province’s obligations to protect public health and safety. A ruling could clarify how provincial governments must consult communities and consider alcohol-related harm when deciding trading hours, shaping not just the letter of the law but the day-to-day operation of liquor outlets across the province.
Mbuyiswa is a Community Journalist for Explain News. He has a background in general and electrical work, during which he gained experience engaging with different communities. His passion for writing, sports, and storytelling inspired him to pursue his new career path in community journalism.