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TRADE AND INDUSTRY PORTFOLIO COMMITTEE Dr R Davies
11 November 2003
NCOP AMENDMENTS ON LIQUOR BILL: DELIBERATIONS
Documents handed out:
TRADE AND INDUSTRY PORTFOLIO COMMITTEE
Dr R Davies
Liquor Bill [B23D-2003]
Select Committee Amendments to Liquor Bill [ B23C-2003]
Department of Trade and Industry Amendments effected to the Liquor Bill, 11 November 2003
The Department presented the Committee with the amendments as proposed by the NCOP. A discussion ensued over the provisions of Clause 6(2), specifically the proposed amendment relating to impotable substances. Concerns were raised as to whether the proposed amendment was going beyond what was required of it by the Act. The matter would be forwarded to the Mediation Committee.
Liquor Bill B23C-2003
Ms Astrid Ludin (Deputy Director General, Corporate Consumer Regulation Division,Department of Trade & Industry) systematically presented the NCOP's proposed amendments of the Bill to the committee. Mr Strydom and Mr Knight made inputs on points of clarification from time to time.
The NCOP proposed amendments to Clauses 3, 4, 6, 10, 11, 13, 20, 26, 34, 36 and 45. Please refer to attached document. The committee unanimously accepted the proposed amendments to the aforementioned clauses with the exception of Clause 6.
Clause 6: Prohibition of impotable substance
The Department had made considerable substantive changes to the clause as was requested by the NCOP.
Ms Ludin said that prior to the amendments a concoction of liquor and impotable substances could be legally sold, as long as it stated that it was not for purposes of consumption.
With the proposed amendments no impotable substance could be added to liquor, neither could liquor containing an impotable substance be sold or supplied.
Mr D Lockey (ANC) was concerned over what constituted an impotable substance. He felt that the provision in Clause 6(2) went beyond what was required of it by the Act.
The committee as well as the drafters agreed that the provision was too wide.
Mr Strydom however noted that Clause 42(2) did make provision in the regulations for the Minister to declare a substance an impotable substance.
The Chair felt that giving the Minister the discretion to declare a substance an impotable substance did not necessarily remedy Clause 6(2).
The Committee agreed.
The Chair suggested that the Department remedy Clause 6(2). The Department agreed.
The Committee agreed to submit a letter to the mediation committee on the rejection of clause 6 (2).
The meeting was adjourned.
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