COVID-19 and the ban of alcohol sales in South Africa

Abstract

In response to the COVID-19 pandemic, similarly to countries worldwide, the South African government initiated several measures to slow down the spread of the virus. One such measure was a total lockdown for several weeks across the country. A total lockdown meant ceasing operations of several businesses including the alcohol industry. The ban on the sale and distribution of alcohol in South Africa revealed complex and unexpected outcomes largely related to medical, ethical, economic, legal and social dimensions. Three primary viewpoints emanated from the ban of the sale of alcohol, namely: i) public health perspective; ii) human rights perspective; and iii) a criminological perspective. Public health dilemmas stemming from the COVID-19 pandemic were to reduce the spread of the virus. The human rights-related dilemmas centred around whether the South African government had the right, in a democratic country, to infringe on individual autonomy on the grounds of public health. In addition, the criminological perspective saw the re-emergence of criminological exploration of the link between alcohol and crime. A qualitative desk study to provide a holistic view on the ban of alcohol sales from the three identified perspectives was conducted. The resulting discussion was informed by the Theory of Harm Reduction. While the study demonstrated that the limitation of certain rights during the lockdown period was in accordance with the South African Constitution and international human rights law, further discussion led to the conclusion that the alcohol sales ban during the lockdown had several policy implications.