More death from above

Bar owners resist new liquor laws

A group of disgruntled club, bar and restaurant owners say they won't back down in their battle with Cape Town over its liquor bylaw and will push ahead with legal action despite the city's decision to put the brakes on the legislation.

The Club, Bar and Restaurant Association of the Western Cape says it has already paid legal costs amounting to R100 000 and is awaiting a legal opinion from its advocate Jan Heunis. The legal opinion is expected on Monday.

On Wednesday the city said it would not gazette amendments to the bylaw while it awaits a legal review of the legislation.

The association said at a meeting yesterday that it was still planning to interdict the city from implementing its bylaw once certain amendments have been gazetted.

Yesterday the city issued a statement saying that it had commissioned a legal review of its new bylaw before any amendments were gazetted.

Zeeshaan Nordien, a spokesman for the group, said the fact that the city won't be gazetting the amendments today came as "good news for us". "But they are just looking at little flaws. They are probably going to have a much stronger bylaw and won't look at the constitutionality of it and how it's going to impact on us. But we've got some breathing space."

He said they would go after the Western Cape Liquor Act once the bylaw was out of the way.

Vusa Mazula, owner of Zula Sound Bar in Long Street, said it was important that the group didn't "melt away" like it did last year when the liquor bylaw was gathering steam. (from IOL)

Police find 7 kilograms of Heroin!!

Drugs worth R6-million were found in a bus on the N1 highway near Beaufort West on Tuesday, Western Cape police said.

Captain Bernadine Steyn said the bus was stopped by police who were searching cars on the highway around 2am.

Heroin weighing 7kg with a street value of R6-million was found in the bus and 950 Mandrax tablets with a street value of R47 500 were also found in the bus's luggage compartment, Steyn said.

The bus was going to Johannesburg to Cape Town.

Nobody was arrested in connection with the drugs and police were investigating. (Sapa)

SA Cannabis industry alive online

Dagga may be illegal in South Africa, but having it delivered to your door is just a mouse click away - and police are doing nothing about it.

At least two online "coffee shops" have begun operating in recent months, offering what they say is top-grade cannabis at about R125 a gram, plus delivery.

Both sites say marijuana is safe and healthy and should be legal.

"The law on cannabis is wrong," said Chris Bure, one of the brothers who launched Gauteng-based Four Brothers in September 2010.

"The fact that it is illegal is harming so many people. Allowed to freely grow and trade, the benefits of this plant would be felt worldwide, and the South African economy would boom."

Four Brothers, which delivers its goods via a courier service, asks customers to accept a disclaimer stating: "I am purchasing cannabis for personal use and have no criminal intentions whatsoever and understand that the government's illegal, unjustified prohibition is treason."

It also says: "It's not the law that makes something illegal, it's your mind. If you believe cannabis is illegal ... you are not allowed to purchase any cannabis off this web page. Your mind makes you guilty and we do not wish to participate in any criminal activities."

Strains available include Hammer, named for its impact on the smoker; The Builder, "a subtle head stone"; Aurora, "a very nice mental high"; and African sativa, "a nice energetic mind high".

One regular customer, Jonathan Crosthwaite, 36, described the website as "a real blessing" because it was much safer than buying on the street. "It (cannabis) helps me and it's good for me, and the only person that would stop me from that would ... be trying to oppress me," he said.

"I totally disagree with the law. I'm not scared to go to jail if I have to."

Crosthwaite said he had been a regular smoker for 16 years, during which time he had earned Springbok colours in the martial art jiu-jitsu.

"I think Four Brothers are doing a good thing. It is expensive, but you get what you pay for. At least these guys are not taking advantage of us."

He said smoking dagga "makes me feel great, it makes me feel enthusiastic, motivated. The compassionate and merciful thing is to legalise it."

One of the brothers behind the site, Ruan Wentzel, said they had written to President Jacob Zuma and the National Prosecuting Authority (NPA) arguing that cannabis should be legal, but had received no substantive response.

"We took the matter into our own hands," Wentzel said.

"The goal became clear to do something that the government does not want anyone to do, and that is to sell/grow cannabis, and inform others of the good that cannabis can really do." (from TimesLive)

Not for much longer?

Cops swoop on dagga ‘hothouse’

Police have confiscated dagga plants with an estimated street value of R400,000 from the garage of a Table View house.

Spokesman FC Van Wyk said a tip-off led police to the garage of a private residence at about 8pm on Friday. The garage, he said, had been converted into a “hothouse” for the growing of dagga plants.

A total of 413 plants were confiscated, Van Wyk said.

Police also removed two air conditioners, lights, 12 transformers, five humidifiers and 13 coco peat blocks, which can be used for hydroponic plant growth.

Seven people were arrested and were due to appear in the Cape Town Magistrate’s Court on Monday. The suspects are aged between 20 and 49, Van Wyk said.

He said the seven had been charged with illegal possession and dealing in cannabis.

- IOL / SAPS

Cape commissions review of liquor by-law

The City of Cape Town has slammed the brakes on its controversial liquor by-law while it awaits a legal review to test the legalities of the legislation.

This move comes as a group of about 150 club, pub and restaurant owners claim to have raised a R1-million war chest to fight the by-law in court before certain amendments are gazetted.

The Club, Bar & Restaurant Association of the Western Cape is planning to interdict the city from implementing its by-law once certain amendments have been gazetted.

Yesterday the city issued a statement that it had commissioned a legal review of its new liquor by-law before any amendments were gazetted.

“Except for a few minor technical adjustments, we don’t foresee any major changes to the by-law. We want to make absolutely sure that every aspect of the by-law passes legal muster before it is formally gazetted,” said Speaker Dirk Smit.

Asked if the city was “backing down”, Smit threatened to end the interview.

The city’s statement went on to say that Cape Town had the highest formal incidence of alcohol and drug abuse of any city in South Africa and the new by-law constituted part of the city’s strategy to address the scourge of alcohol abuse.

“With over 3,6-million residents from widely divergent social environments, the city has tried to strike a balance between various interest groups,” said executive mayor Dan Plato.

Danie Cronje, director of commercial services and liquor law at Cluver Markotter, who is assisting the association in its fight, said he was informed about the city’s decision to review the by-law.

“There are a number of problems with it. It’s going to be a problem to enforce it before the Provincial Liquor Act comes into effect,” said Cronje.

He said the by-law was still confusing as there was no clarity on which sphere of government prescribed the trading hours.

On the looming interdict Cronje declined to comment.

“The senior counsel is dealing with it. If the city won’t enforce the by-law it (interdict) may not be necessary,” said Cronje.

Shaan Nordien, who helped form the association, was less diplomatic. “We’re going to knock these guys (city) down. They’re getting scared. We’ve got the R1-million behind us for the fight,” said Nordien.

Justifying the by-law, the city said research had shown that the reduction of alcohol trading hours had a positive impact on alcohol abuse. It cited a study in Diadema near São Paolo, Brazil, and studies in Australia and in South Africa that have also shown positive effects resulting from cutting back on hours.

In Siyahlala, an informal settlement of around 1,300 dwellings in Nyanga, which had the highest murder rate in South Africa in 2006/7, a community initiative was implemented between May 2006 and June 2007, it said.

It said crime had plummeted from between five and eight murders a month to zero, and between 30 and 38 assault cases a month to between 10 and 17. One of the interventions involved getting shebeens to close by 9pm.

- Cape Times

Booze by-law backdown

New year revellers can drink until the early morning hours on Saturday if they choose – the City of Cape Town has done a last minute U-turn on its controversial new liquor laws.

Yesterday Councillor Taki Amira, chairman of the Liquor Policy Task Team, announced that the new laws – outlawing alcohol sales after 11pm in residential areas and 2am in business areas – would not be implemented at New Year.

The announcement followed a meeting between Amira and city club and bar owners who said the laws would impact heavily on their businesses.

At the meeting, UCT student Rowan Dunne pointed out that the laws under which the council wanted to promulgate the new measures were not yet gazetted and would only be gazetted on January 14. Dunne, 28, is a Master’s student in social development, policy and management, and works part time in entertainment.

Amira announced the new measures on Tuesday, saying at a press conference that the new liquor by-law that regulated alcohol trading hours would take effect at midnight today “The city wants to remind liquor traders that the new trading hours kick in at the beginning of the new year,” Amira said on Tuesday.

He said this meant that bars and clubs in business areas would have to close by 2am tomorrow and that those close to residential areas, which may now enjoy late trading hours, would have to abide by the new legislation and close by 11pm, or risk losing their licences.

The news was met with disappointment by some businesses which were promoting big New Year’s Eve bashes.

But most traders contacted by the Cape Times accepted the new trading hours and pledged to comply with the regulations.

After the announcement, a host of objections flooded into the city council, with mayor Dan Plato having several emergency sessions with angry restaurant and club owners whose unhappiness led to their meeting yesterday withAmira.

After the meeting the city said: “The City would like to allay fears of club and restaurant owners with regards to the enforcement of the City’s new Liquor Trading Days and Hours By-Law. The by-law will be phased in over the next few months and will not be stringently enforced until all role players have been extensively educated and informed about the new legislation.”

Amira said the aim was not to close down clubs, bars and restaurants which did not comply by today, but to properly inform everyone affected by the new by-law in order for them to comply with the legislation.

Amira said the new measures would be brought in but not implemented. “As with all new legislation, it has been decided that this new by-law will be phased in over a period of time. During the first few months of 2011 we will educate and inform everyone affected by the by-law about its contents and what is expected of them.

We will not enforce the by-law, fine nor prosecute people until all role players have been properly educated and everyone has been given a fair chance to make sure they comply with the law.”

Restaurant and club owners used yesterday’s meeting to raise concerns.

Amira said the city had amended the original by-law and that the amended version would be officially approved on January 14.

Under the new by-law, establishments with a trading licence for non-alcoholic goods can stay open after the specified hours as long as they cease serving alcohol. But the law prohibits the sale and consumption of alcohol on the premises after hours.

Special events in need of a temporary licence will have to apply individually.

For a full schedule visit www.capetown.gov.za.

- Cape Times

Cape bars, clubs get grace period

Independent Newspapers

Cape Town clubs and bars are to be given several months grace to become "educated" on their reduced trading hours, the City said. Photo: Independent Newspapers

Cape Town clubs and bars are to be given several months grace to become “educated” on their reduced trading hours, the City said on Thursday.

In yet another confusing instalment in its crackdown on liquor sales, it said both that its new by-law would not be enforced at all until a later stage, and that it would not be “stringently” enforced until later.

The by-law, which limits the trading hours of inner-city bars and clubs to 2am, comes into effect at midnight on December 31.

Some venues were granted special dispensations under existing legislation to stay open to 4am.

A group of owners have threatened to go to court next week over the new law.

“The by-law will be phased in over the next few months and will not be stringently enforced until all role players have been extensively educated and informed about the new legislation,” the city's communications department said in a statement on Thursday.

However the statement also quoted the chairman of the council's liquor policy task team Taki Amira as saying: “We will not enforce the by-law, fine nor prosecute people until all role players have been properly educated.”

Everyone would be “given a fair chance to make sure they comply with the law”, he said.

On Wednesday he said in a media statement that bars and clubs in business areas “will have to close by 02:00 on January 1”, and that liquor outlets “will have to abide by the new legislation”.

Amira and the city have been unable to say whether the new by-law means businesses will be able to stay open after 2am, selling non-alcoholic products such as coffee, and what will happen if patrons order several drinks just before 2am.

Amira also maintained on Wednesday that there had already been adequate communication on the changes.

“When people say, we haven't been told, we haven't been communicated (with), it shocks me,” he said then.

He said in Thursday's statement that the aim was not to immediately close down clubs, bars and restaurants that did not comply, but to “properly inform everyone affected by the new by-law in order for them to comply”.

“As with all new legislation, it has been decided that this new by-law will be phased in over a period of time,” he said.

The City's safety and security chief, Richard Bosman, said that initially the City's law enforcement agencies would merely register complaints from the public “and keep record thereof for future reference”.

- Sapa

Massive cocaine bust in Knysna

Nearly 50 bags of cocaine bricks with an estimated street value of R380 million have been seized at the Knysna waterfront, and two Chinese, a Taiwanese and two Capetonians have been arrested.

Police said the haul is believed to be one of the biggest in the province. They were unable to say where the drugs had been destined for, nor from where it had come.

“This bust was a result of a well-planned sting operation by crime intelligence and the Knysna police service after they received information from the public regarding illegal activities taking place near the Knysna Waterfront,” said Captain Malcolm Pojie.

On Friday, police swooped on a flat at the waterfront where the five suspects lived.

“After being interrogated, the suspects accompanied the police to their boat where the police discovered the 48 bags of bricked cocaine.”

Pojie said the boat was anchored next to the flat. The cocaine and the boat, worth approximately R1.5m, were confiscated.

By late yesterday afternoon police were still on the scene, combing the area for further clues.

“The investigation will be conducted by the Provincial Organised Crime Investigation Unit, which is attached to the Hawks,” Pojie said. (from IOL)

Economic Crisis...

Drunk mommy forgets baby at one-night stand

A Cape Town mom got so drunk she forgot her baby at the home of a man she had a one-night stand with.

The 22-year-old mom says she forgot she had taken her child with her to a shebeen where she met a man she spent the night with.

Noxolo Lugwali, 22, had her whole Garden City, Mfuleni, community and cops mobilised looking for her two-year-old baby Linathi.

Meanwhile, the child was safely at the home of the unsuspecting lover who woke on Tuesday morning to find the mother had left without her baby.

Noxolo told the Daily Voice she had gone out on Monday evening to have a few drinks.

“I usually go with my child to the shebeen and drink while she is there,” she explained.

“I don’t know what came over me this time.”

She said she went home with a man she met at the Bardale shebeen and the next morning she went home without Linathi – and only realised hours later that the toddler was not with her.

It was after neighbours asked here where her child was on Tuesday afternoon that she started looking for her.

“I searched the whole area and didn’t find my daughter and then, after a while, I remembered that I went to that man’s house,” said Noxolo.

“When I arrived there, he told me he had been looking after her while I left her there.”

When the Daily Voice arrived at Noxolo’s home, the toddler was playing outside and her mother was sleeping inside the shack and had no idea that her baby was outside playing unattended.

Noxolo’s mother Nomaza Lugwali said: “My daughter only cares about alcohol and men and she doesn’t care about her own little girl.

“She has been in Cape Town for six weeks but she acts like she has been here for a long time.

“If I go to work, she takes her child to the shebeen and even though she has a boyfriend here, she will go to sleep somewhere else.”

Nomaza said she is grateful her grandchild is back home.

But she added that she would be sending her daughter to a special youth development centre so she can learn to be more responsible.

- Daily Voice

SAB "helps" with alcohol syndrome?

The Department of Social Development and SA Breweries are talking about how to tackle the high incidence of foetal alcohol syndrome.

The syndrome - which includes mental incapacity of children whose mothers drank alcohol while pregnant - is a big problem in Northern Cape and Western Cape, where a study has found 122 of 1000 children affected by it. (That makes it a whole 12%!)

Social Development Minister Bathabile Dlamini, SAB executives, academics and other experts are holding a two-day indaba in Boksburg, on the East Rand, to develop ways of dealing with the problem.

Dlamini said: "While aware that the SAB is in the business of selling liquor for profit, we welcome this partnership, because it shows that they have put national interest ahead of making profit at the expense of the people." OH FUCKING REALLY? 30000 shebeens in the Western Cape! Where did all that come from?

SAB's executive director for corporate affairs and transformation, Vincent Maphai, said: "This partnership between industry, experts and the government allows for the best utilisation of skills and resources to drive a meaningful and effective impact on the lives of South Africans affected by the abuse of alcohol."

The department and SAB said yesterday the indaba would try to "generate terms of reference for the appointment of an NGO to rollout the agreed programme [for fighting the syndrome]". (from TimesLive)

And in other news... SAB's earning rise by 16%

The world's second-biggest brewer, which earns more than 80% of its profits from emerging markets, said Africa and Asia had fully recovered, while high unemployment in mature markets was holding back any upturn in beer sales.

Chief executive Graham Mackay yesterday painted a picture of a two-speed world, with beer volumes growing in Africa and Asia and recovering in Latin America after a tax rise in Colombia, while the western world saw little improvement. (also from TimesLive)

Cape Town's drunk driving spree continues unabated

City and provincial authorities have arrested more than 2 500 motorists for drunk driving in the Western Cape in the past five months – an average of more than 500 a month.

A total of at least 2 555 motorists have been arrested since June - a figure compiled by the Cape Times from statistics provided by the City of Cape Town’s traffic service, provincial traffic service and metro police traffic officers, who conduct separate or integrated roadblocks but keep separate statistics.

These figures have been compiled as new campaigns have been launched to raise awareness about drunk-driving, campaigns which authorities say appear to be starting to shift driver attitudes.

Provincial traffic chief Kenny Africa said the number of drunk-driving arrests made monthly were affected by factors such as sporting events, the time of the month and the location of roadblocks.

Provincial traffic officers were responsible for main and national roads in the Western Cape and held 24 roadblocks each weekend.

In July this year provincial traffic officers arrested 198 drunk drivers, the highest number of arrests the provincial traffic service recorded in five months.

Africa attributed this to the World Cup during which a number of people had travelled between provinces to get to and from matches.

Numbers arrested spiked again in October when provincial traffic officers arrested 160 motorists for drunk driving, a figure up by 46 compared to the previous month.

“One of the main reasons it went up is because there were more rugby matches and other sporting events during the month.

“We also changed our strategy and went from static roadblocks to moving roadblocks which move from area to area,” Africa said.

Community Safety MEC Albert Fritz said a range of factors affected the number of drunk-driving arrests made weekly.

“It’s very interesting how sports and other big events in Cape Town actually affect the arrests,” he said.

Merle Lourens, spokeswoman for the City of Cape Town’s traffic service, said four or five roadblocks were held a month in and around the city, not necessarily in the same areas each time.

She said the location of roadblocks depended on, among other factors, the accident rate in a particular area.

About 25 officers were deployed to each City of Cape Town roadblock.

The metro police also held roadblocks within the city, mostly over weekends.

Deputy metro police chief Yolanda Faro said the time and place of operations was planned according to offence patterns and crime threat analysis.

She said extra roadblocks and visible policing were planned for the festive season to clamp down on drunk driving.

Transport MEC Robin Carlisle said the figure of more than 2 500 arrests in five months was “extraordinarily high”, even by international standards.

But Carlisle said a number of initiatives aimed at clamping down on drunk driving had recently started bearing fruit.

These included the “Name and Shame” campaign which started last month and which involves the names of convicted drunk drivers being published.

“What we are finding, and that’s through chatting to people on buses, etc, is that they are aware of the campaign. There’s a change in attitude.

“We want to get the message across that it’s simply not worth having that extra glass of wine,” Carlisle said.

Fritz agreed that there appeared to be a shift in behaviour very recently.

Regarding the Name and Shame campaign, he said: “People are apparently petrified about this campaign.

“They’re really worried, so aren’t drinking and driving,” he said.

Fritz said extra visible policing and roadblocks seemed to result in fewer motorists taking chances.

Africa agreed that extra operations and the campaigns appeared to be working.

“The message is really getting out now. We won’t stop with the roadblocks until we’re not making any more drunk-driving arrests.

“There’s definitely a change in driver behaviour. We’ve received many phone calls from motorists saying they won’t be driving drunk any more because, for example, a friend or a colleague on Facebook told them not to drink and drive,” he said.

After radio broadcasts in which motorists were urged not to drink and drive, Africa said there was a decrease in the number of arrests being made in roadblocks.

“Motorists are adhering to our call.” (from IOL)

Shorter Liquor purchasing for Cape Town

Cape Town's drinkers will have less time to buy liquor or spend in pubs next year, the City said on Wednesday.

In terms of a new by-law, from January the new drinking hours for pubs, clubs, restaurants and hotels would be 11am to 2am, instead of the current 10am start, with an option to continue to 4am.

For liquor stores and supermarkets, the liquor trading hours would be 9am to 6pm. Currently the hours were 8am to 8pm.

The councillor who chaired the City's liquor policy task team, Taki Amira, said it had been difficult to please everybody in the drafting of the new by-law.

"With over 3.6 million residents from widely divergent social environments, the City of Cape Town has a responsibility to treat all citizens equally and to help fight the scourge of alcohol abuse," he said.

"The City has tried to strike a balance between the hospitality industry which preferred longer trading hours, and community leaders who insisted on tighter regulations." (from IOL)

Premier signs Drink Driving Pledge - will it change the way people behave?

Western Cape premier Helen Zille has become the first South African to sign her name to an international campaign to combat drunk driving.

"We are very much hoping... that drinking and driving becomes as much of a taboo in South Africa as it is in many other countries in the world," she said.

The campaign, called Join the Pact, is run internationally by whisky maker Johnnie Walker, and was launched locally by the brand's local distributor Brandhouse Beverages.

Zille said at the Cape Town ceremony Tuesday that everyone should get into the "wonderful habit" of ensuring that if they went out and had a few drinks, there was a designated non-drinking driver to fall back on.

She joked that the way to avoid the hassle of deciding who was going to be the designated driver was to get elected into public office and get appointed as a premier or Cabinet minister.

"Then you have a driver who's a permanent designated driver and who's never allowed to drink so that you can have a few, and sit in the back, and feel good about life."

Brandhouse managing director Gerald Mahinda said South Africans needed to remind themselves of the tragic consequences of people who chose to drink and drive.

"If you choose to drink, make a plan so you don't have to drive," he said.

"We need to be the change that we want to see, and to take responsibility for our actions."

Taking responsibility for their actions is not something the alcohol industry is very good at. How come there are 30000 shebeens in the Western Cape? The alcohol industry supports these illegal operations and has in fact been setting them up. What about letting inebriated patrons leave the alcohol industry's licenced premises when it is obvious that they are about to drive home? Is that called taking responsibility?