Mbombela – Mpumalanga MEC for Finance, Economic Development and Tourism, Mr Sikhumbuzo Eric Kholwane hereby informs the public, the liquor industry, the SAPS and all licensed liquor traders within the Mpumalanga Province that the Honourable Premier, Mr DD Mabuza, by virtue of Notice No. 2350 published in the Provincial Gazette of 26/08/2014, has operationalised sections 33 to 69 of the Mpumalanga Liquor Licensing Act, Act 5 of 2006, with effect from 30 August 2014. For the full copy of the Act, interested parties are referred to the Provincial Gazette No. 1455 of 22/08/2007.
IMPLICATION
This implies that from 30 August 2014, the old Act (Mpumalanga Liquor Act, 1989) shall cease to be in force, and henceforth the regulation of the liquor industry in the Province of Mpumalanga will be done in terms of the Mpumalanga Liquor Licensing Act, Act 5 of 2006.
TRANSITIONAL ARRANGEMENTS
Section 68 of the Act provides inter-alia that:
- Every exemption in force at the date of commencement of this Act (Mpumalanga Liquor Licensing Act, Act 5 of 2006), shall be deemed from that date to be an exemption in force for a period of 12 months;
- Every licence and the licence conditions in force at the date of commencement of this Act, shall be deemed from the date to be a licence or licence conditions in terms of this Act, for a period of 12 months;
- A notice issued under section 33 of the Liquor Act, Act 27 of 1989, in respect of an application for a licence and in force at the date of commencement of this Act, shall be deemed from the date to be a notice in terms of this Act for a period of 12 months from the date that such notice was issued;
- Any application for a liquor licence duly lodged with the Mpumalanga Liquor Board at the date of commencement of this Act, shall with due regard to the provisions of the Liquor Act, Act 27 of 1989, be dealt with by the Mpumalanga Liquor Authority, mutatis mutandis, as an application duly lodged in terms of this Act;
- The Authority shall, at the date of commencement of this Act, become the successor-in-title to the Mpumalanga Liquor Board instituted in terms of section 5 of the Liquor Act, Act 27 of 1989;
- Subject to the Public Service Act, 1994 (Proclamation No. 103 of 1994), employees of the Department may by agreement between the Authority and the Department and with their consent, be transferred to the service of the Authority on a permanent basis.
RESPONSIBILITIES
- MLA: To ensure public confidence and uphold legislative determinations (in terms of the liquor industry).
- Licensees and the general public: To report matters relating to serious contraventions by licensees in terms of the MLA Act, Act 5 of 2006.
CO-OPERATIVE GOVERNANCE
- All Applications lodged for a license in terms of section 35(1) (b) of the MLA Act, Act 5 of 2006 will ONLY be considered by the MLA if supported by the municipality concerned.
OPERATING TIMES VERSUS RESPONSIBLE DRINKING
- Regulations will be passed from time to time prescribing matters of operation that will assist to reduce the socio-economic ills that alcohol abuse has on society and communities (section 57 of the MLA Act, Act 5 of 2006).
Liquor traders can contact the Mpumalanga Liquor Authority on 013 752 3774 or 013-752 5874 for further information.
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Issued by the Communication Directorate
Mpumalanga Department of Economic Development and Tourism
For media enquiries, contact: Mohau Ramodibe on 082 771 9950/ 013 766 4148