S v Lasha (CA & R 40\05) [2006] ZANCHC 76 (1 January 2006)

S v Lasha (CA & R 40\05) [2006] ZANCHC 76 (1 January 2006)

The court held that the transitional provision in the new Liquor Act, 59 of 2003, preserves only those offences in the old Act that relate to the consumption of liquor or methylated spirits. The ordinary grammatical meaning of 'consume/consumption' does not include being 'drunk'. Sections 154(1)(d), (e), and (f) of the old Act relate to consumption and are preserved, but sections 154(1)(b) and (c), which concern public drunkenness, are not. The court found a clear distinction between offences involving consumption and those involving drunkenness. As a result, the offence of public drunkenness under section 154(1)(c)(i) of the old Act is not preserved by the transitional provision, and the...

Citation
[2006] ZANCHC 76
Parties
Applicant: The State; Respondent: Jim Lasha
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
1 January 2006
Case Number
CA & R 40\05
Procedural Posture
Special Review / Judgment on Special Review
Outcome
Conviction and sentence set aside.
Judges
Majiedt, Williams, Molwantwa
Legal Topics
Statutory Interpretation, Liquor Offences, Public Drunkenness, Transitional Provisions
Criminal Law Statutory Interpretation Liquor Offences Public Drunkenness Transitional Provisions

Case Brief

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Parties

The State

Applicant

Jim Lasha

Respondent

Procedural Posture

Special Review / Judgment on Special Review

Legal Issues

  1. 1 Does section 154(1)(c)(i) of the Liquor Act, 27 of 1989, still constitute an offence in the Northern Cape Province after the enactment of the Liquor Act, 59 of 2003?
  2. 2 Does the transitional provision in the new Act preserve the offence of public drunkenness under the old Act?

Ratio Decidendi

The court held that the transitional provision in the new Liquor Act, 59 of 2003, preserves only those offences in the old Act that relate to the consumption of liquor or methylated spirits. The ordinary grammatical meaning of 'consume/consumption' does not include being 'drunk'. Sections 154(1)(d), (e), and (f) of the old Act relate to consumption and are preserved, but sections 154(1)(b) and (c), which concern public drunkenness, are not. The court found a clear distinction between offences involving consumption and those involving drunkenness. As a result, the offence of public drunkenness under section 154(1)(c)(i) of the old Act is not preserved by the transitional provision, and the...

Court Disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence of the accused are set aside.
  • This judgment is to be circulated to all magistrates and regional court magistrates in the Northern Cape province.