MINISTER SUGGESTS E15K FINE FOR ‘DD’

EZULWINI – “I believe that if drink-driving fines can be set at E15 000, the habit would immediately stop.”

This statement was made by the Minister of Commerce, Industry and Trade, Manqoba Khumalo, during a workshop on the newly-enacted Liquor Licensing Act, 2023, held at the Royal Villas yesterday. The Act came into effect in December 2023. It applies to individuals who manufacture or supply liquor or spirits for financial gain and prohibits the use of dangerous or unsafe substances in the liquor industry in Eswatini. Khumalo said stiffer fines could effectively address issues such as drink-driving.

This statement followed concerns raised by the Senate Ministry of Commerce, Industry and Trade Portfolio Committee, regarding irresponsible drinking, particularly among individuals consuming alcohol on public roads and streets. He noted that, currently, the country is incentivising irresponsible behaviour with fines that are too lenient. The Act clearly states that liquor shall not be consumed on, at, or in licensed premises, including adjoining or adjacent properties occupied or controlled by the licence holder.

Enforcement

The minister stated that the Liquor Licensing Act, 2023, addresses all concerns raised by legislators; however, the challenge lies in how the ministry and law enforcement can effectively apprehend those seen drinking in public. He emphasised that if the legislation is ineffective and the fines remain minimal, the problem will persist. Khumalo was responding after the Senate Portfolio Committee members highlighted the level of alcohol abuse in the country. In his submissions, Senator Chief Ngangabani urged the ministry to enforce stricter controls, warning that the country could end up with 20 bottle stores in one chiefdom. He expressed disappointment over police involvement, noting that some officers removed their uniforms to join the public in consuming alcohol in inappropriate areas, including along the roadside and streets.

“I was disheartened to pass an area in my community where I found people drinking alcohol on the roadside and they did not even recognise me.” The senator remarked that the proliferation of liquor stores was becoming unmanageable on Eswatini Nation Land (ENL). He pointed out that issue predominantly affects areas that lack chiefs. Senator Chief Ngangabani stated that this is why they seek the ministry’s attention, to ensure that stamps from the royal kraals in the affected areas are authentic. He raised concerns about some liquor traders operating outside the regulations, regarding trading hours and premises, often failing to comply with the Act. The senator highlighted that certain individuals running grocery shops were illegally selling alcoholic beverages on the same premises, thereby providing underage children with the opportunity to purchase alcohol.

Permits

He questioned whether the country has inspectors from the ministry ensuring that those selling liquor possess the necessary permits for operating on the premises and during specified hours, among other concerns. Chief Ngangabani cited a particular outlet located by the roadside along the Manzini-Nhlangano road, that operated from morning until the next day. He wondered if the ministry is aware of the legitimate chiefs in the communities, as some individuals are producing unofficial stamps. “Anyone can create a stamp and claim it’s from the umphakatsi,” the chief said. He noted that individuals could claim to be headmen (tindvuna), without official appointment and misuse stamps to authorise the operation of illegal liquor stores. This situation has left neighbours in the communities surprised at how these individuals acquired land for selling alcohol.

The senator also expressed concern regarding the location of liquor stores, stating that some are situated within homesteads. He urged the ministry to prevent bottle stores from being located within homesteads. He stated that, through the relocation process (luhleliso), business centres are appropriate locations for bottle stores. Senator Chief Ngome sought information on the operational hours of liquor stores in the communities, questioning if they matched those in urban areas. He expressed concern over the disturbing sight of these businesses, particularly as alcohol consumers are often found drinking irresponsibly on the roads. Senate President Lindiwe Dlamini remarked that the laws passed by the ministry are commendable, though there are growing concerns regarding the increasing number of people drinking in public areas.

Enforcement

Dlamini mentioned that she had discussed the matter with Minister Khumalo, who acknowledged that while laws are enacted, the challenge remains in their enforcement. Dlamini noted that Matsapha and Ezulwini are among the hotspots for illegal alcohol consumption. She lamented the absence of law enforcement at the workshop, as they are responsible for making arrests. The minister stated that following the enactment of the legislation, the ministry will no longer issue liquor licences without the King’s Consent on ENL. Khumalo explained that the King’s Consent is not granted unless the authorised umphakatsi has signed.

He acknowledged past challenges with issuing liquor licences, but assured that such issues are no longer prevalent. Khumalo stated that the likelihood of multiple licences being issued under one chiefdom is extremely low. In urban areas, if a landlord or municipality notifies the ministry that they no longer wish for a business to operate, the licence is revoked, which also applies to ENL. In response to the inquiry regarding operational hours, chief commercial officer at the Ministry of Commerce, Industry and Trade, Sonto Hlophe, stated that liquor shops open at 9am and close at 8pm. Hlophe emphasised that consumption must occur away from the premises, as it is a crime punishable by a fine of E1 000 or one month’s imprisonment. She assured that they would address the issue and, following consultations with legislators, would engage with the police. Hlophe reiterated that even liquor shops in urban areas must close at 8pm, as the law applies universally.

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