Cape Argus

Vinpro court case continues

- MWANGI GITHAHU mwangi.githahu@inl.co.za

THE Vinpro case against the government’s liquor sales restrictio­ns in terms of the Disaster Management Act (DMA) is expected to hear the end of submission­s from lawyers after the hearing was adjourned yesterday.

The matter is being heard in the Western Cape High Court by a full bench comprising Judges Mokgoatji Dolamo, Hayley Slingers and Derek Wille.

The premier, the Health MEC and the Community Safety MEC are listed as the third, fourth and fifth respondent­s.

Completing his submission carried over from Monday, the province’s advocate, David Borgström SC, argued that the province found itself in the unusual position of being a respondent in the case while supporting many of Vinpro’s arguments as well as the relief sought.

The province argued it had a keen interest in the issues raised and what it saw as the erosion of its constituti­onally granted powers during the period of the national emergency.

Since the start of the pandemic, Premier Alan Winde has argued for a differenti­ated approach to the lockdowns, saying such an approach would help save jobs in the Western Cape, thus limiting the economic impact on sectors such as agricultur­e.

One of Vinpro’s main arguments is that the provinces, not national government, should decide whether or not to impose liquor sales restrictio­ns and should do so with reference to provincial circumstan­ces, including the need to preserve capacity in trauma units in hospitals in the province.

Government advocate Karrisha Pillay argued that the job of the Presidenti­al Co-ordinating Council composed of the president, deputy president, key ministers and premiers among others, played a pivotal role in the government’s response to the DMA with inputs from, among others, the health minister.

Pillay said the DMA’s principal purpose was to provide an integrated and co-ordinated disaster management policy that focused on preventing or reducing the risk of disasters, mitigating their severity and providing an effective response and post-disaster recovery and rehabilita­tion.

 ??  ?? THE matter is being heard by a full Bench in the Western Cape High Court.
THE matter is being heard by a full Bench in the Western Cape High Court.

Newspapers in English

Newspapers from South Africa