THE LAW
Y IT R U C E S F O M O D E E RIGHTS TO FR S R E N W O N E E B E H AND PRIVACY OF S
W
ith the current rate of raids on taverns and shebeens, one could swear that the sale of liquor in South African taverns and shebeens is illegal. Many shebeens in townships are frequently raided. It’s as if the country is still under apartheid rule, where dignity and the privacy of people are still trampled upon with impunity. The dignity and freedom of liquor traders in townships is non-existent. Week in and week out, their outlets are raided and their liquor seized without a trace, mainly by the South African Police Service.
What are the guarantees of the South African Constitution to liquor traders? Section 12 of the South African Constitution guarantees the right to freedom and security of the person. The section states that “everyone has the right to freedom and security of the person which include the right to not be treated in a cruel, inhumane and degrading way”. Many liquor traders in townships are women. The way these women are treated when their shebeens are raided leaves a lot to be desired. Some are assaulted, harassed and threatened with imprisonment, even when they produce valid permits. Section 14 of the Constitution guarantees the right to privacy. Shebeens are liquor outlets conducted on private
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property and, as such, rights of admission are reserved by the owner. Section 14 of the Constitution states that “everyone has the right to privacy, which include the right not to have: a. their person or home searched b. their property searched c. their possessions seized.” The right to security and privacy flows from the value placed on the human dignity of all persons, including business owners. Searches and seizures should, whenever possible, be conducted only in terms of a search warrant that has been issued by a judicial officer, such as a magistrate or judge. The judicial officer must themselves decide whether or not there exist reasonable grounds for the search. This is law. Many raids are conducted without warrants, and these searches and the seizing of articles continue unabated, especially in the townships. Government action is required to be objectively and demonstrably reasonable. It is an important principle for the law of criminal procedure that a warrant should be strictly interpreted to protect the individual against
