Decision-Making Processes for Liquor Outlets in Primrose, Ekurhuleni

Abstract

This study examines the obligation of government departments and officials to implement government policies lawfully and to uphold the rule of law faithfully. The study is motivated by the Gauteng Liquor Board’s decision-making processes that resulted in the issuing of licences in prohibited areas and the proliferation of outlets. The primary objective is to identify the factors that influence the Gauteng Liquor Board’s decision-making process, resulting in the proliferation of outlets in Primrose, Ekurhuleni. A qualitative research strategy was utilised to conduct the study. 20 participants, representing 3 Primrose community-based organisations, 3 senior officers from the Ekurhuleni Metropolitan Department, and 2 senior officials from the Gauteng Liquor Board were directly engaged to glean into the lived experiences of the residents of Primrose, in Ekurhuleni. Research findings indicate that the Liquor Board lacks the capacity to effectively regulate and enforce compliance within the liquor industry, and that its decision-making processes, in the licensing of Primrose outlets, were inconsistent with the provisions of the Gauteng Liquor Act of 2003. Nonetheless, the trading in liquor within a residential area and the proximity of outlets to public amenities are lawful and permissible in properties that have multiple user or zoning rights, subject to compliance with the Ekurhuleni Metropolitan Municipality Spatial Land Use Management By-Laws (2019) and the City of Ekurhuleni’s Spatial Planning and Land Use Scheme (2021). These results suggest that the lack of accountability, ineffective performance, and consequence management resulted in decisions that are inconsistent with the Gauteng Liquor Act of 2003, contributing to the broader understanding of the government’s Regulatory Authority