The recent closure of several popular liquor outlets around Mbabane has sparked widespread debate, frustration and confusion among patrons and business owners alike.
While many view the clampdown as sudden or heavy-handed, authorities insist the actions are firmly grounded in law, particularly the Liquor Licensing Act of 2023 and long-standing town planning regulations.
At the centre of the enforcement drive are the Royal Eswatini Police Service, working alongside the Municipal Council of Mbabane, following the refusal by the Liquor Licensing Board to renew licences for more than 10 outlets operating within prohibited zones.
Where the problem
- began: Zoning & location
- Most of the affected outlets are located in traditionally residential neighbourhoods such as Fonteyn, Sandla and the Sidwashini vicinity.
- These areas fall under zoning schemes that restrict certain commercial activities, especially liquor trading, unless formal rezoning approval has been granted.
- This is not a new concept. Zoning control is anchored in the Town Planning Act of 1961, a law that governs how land is used in urban areas, including Mbabane and Manzini.
Understanding Town Planning Act: Why zoning matters
The Town Planning Act empowers local authorities to create town planning schemes aimed at promoting orderly development, public safety, health and neighbourhood amenity.
Under Section 8 of the Act, town planning schemes are designed to:
- Separate residential, commercial and industrial land uses
- Protect residential areas from activities that may cause noise, congestion or social harm
- Preserve the character and liveability of neighbourhoods
- Section 23 goes further, granting authorities the power to prohibit or stop land uses that contravene approved schemes, including businesses operating in the wrong zone.
- In simple terms, even if a business has operated for years, continued operation in a prohibited zone is unlawful unless rezoning or special consent has been obtained.
- The Liquor Licensing Act of 2023: A stricter gatekeeper
- The Liquor Licensing Act reinforces zoning compliance by making it a mandatory condition for licensing and licence renewal.
This means:
- A liquor licence cannot exist independently of town planning approval
- If zoning is non-compliant, the Liquor Licensing Board is legally obliged to refuse renewal
- Enforcement agencies must act once a licence lapses or is refused
- In the recent Mbabane cases, licences were not ‘cancelled overnight’, they were not renewed, triggering automatic closure once trading became illegal.
Why enforcement is happening now
Authorities say the current crackdown is part of a broader effort to:
- Restore respect for planning laws
- Reduce conflicts between entertainment venues and residential communities
- Ensure fairness to businesses that followed proper rezoning and licensing procedures
- The Town Planning Act also obliges councils to enforce schemes once approved, failure to do so would itself be unlawful.
law does provide remedies, including:
- Applying for rezoning or special consent through the local authority
- Lodging appeals where procedural fairness is questioned
- Relocating to areas already zoned for commercial or liquor-related activities
- However, operating while non-compliant exposes owners to fines, closure and possible criminal liability under both Acts.
The bigger picture
- While the closures have disrupted social life for many residents, the situation highlights a critical reality: Licensing, zoning and land use laws are interconnected. The Liquor Licensing Act of 2023 did not replace town planning laws, it strengthened them.
- For business owners and the public alike, the Mbabane clampdown serves as a reminder that compliance is no longer optional and long-standing informal arrangements are increasingly giving way to strict enforcement of the law.
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