Traditional beer Bill sent back to Parliament
Publish date: 15 June 2020
Issue Number: 877
Diary: IBA Legalbrief Africa
Category: South Africa
President Cyril Ramaphosa has referred legislation impacting the production of traditional beer (umqombothi) back to Parliament, saying it should first be considered by the National House of Traditional Leaders. A News24 report says the Liquor Products Amendment Bill proposed several minimum regulations on the production, packaging and sale of beer, including traditional beer. ‘Having applied my mind to the provisions of the Bill, I am of the view that the Bill should have been referred to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leaders and Governance Framework Act,’ Ramaphosa said. He said section 18(1)(a) of the Act provides that any Parliamentary Bill pertaining to customary law or customs of traditional communities must be referred to the National House of Traditional Leaders, before it is passed by Parliament. According to Ramaphosa, the Bill was not referred to the National House of Traditional Leaders because the state law adviser recommended it was not necessary since the Bill did not contain provisions of customary law affecting communities. ‘It is my view that the inclusion of traditional African beer in the Bill will have an impact on its production, consumption and dissemination and, as such, will have an impact on customary law or customs of African traditional communities.’