Traditional Beer Act [Chapter 14:24]

 

 

Chapter 14:24

Traditional Beer Act

Acts 25/1984, 8/1988 (s. 164), 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.
3. Act to bind State.

PART II

CONTROL OF TRADITIONALBEER 4. Control of brewing, selling, supplying or possessing traditional beer.

PART III

AUTHORITY TOBREW, SELLORSUPPLYTRADITIONALBEER

5. Authority to brew, sell or supply traditional beer to service personnel.
6. Domestic brewing and supply of traditional beer.

PART IV

PERMITS TO BREW, SELLORSUPPLY TRADITIONALBEER

7. Commercial brewers permits.
8. Employers and general permits.
9. Exporters permits.

PART V

FINANCIAL

10. Accounting and disposal of controlled liquor moneys.
11. Payment of levy by brewers.

PART VI

GENERAL

12. Other licenses under Chapter 14:17 not required.
13. Minister to be furnished with reports, etc.
14. Designation of inspectors.
15. Powers of inspectors.
16. Right of policemen to demand production of authorities and permits.
17. Evidence and presumptions.
18. General offences.

AN ACT to regulate and control the brewing, sale, supply and possession of traditional beer; to provide for the disposition of certain moneys derived from the sale of liquor; to impose a levy on brewers of traditional beer; to authorize the sale of refreshments; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 1st January, 1985.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Traditional Beer Act [Chapter 14:24].

                       2    Interpretation

(1) In this Act—

“brew” includes the making of any liquid drink or powder referred to in the definition of “traditional beer”;

“commercial brewer” means the holder of a commercial brewers permit;

“commercial brewers permit” means a commercial brewers permit issued in terms of section seven;

“controlled liquor licence” means a beer-hall liquor licence or bar liquor licence held in terms of the Liquor Act [Chapter 14:12] by a person who is not a local authority and who employs fifty or more persons on the land where the licensed premises concerned are situated;

“controlled liquor moneys” means the moneys referred to in subsection (1) of section ten;

“employers permit” means an employers permit issued in terms of section eight;

“exporters permit” means an exporters permit issued in terms of section nine;

“general permit” means a general permit issued in terms of section eight;

“inspector” means a person designated to be an inspector in terms of section fourteen;

“levy” means the levy referred to in subsection (1) of section eleven;

“liquor” means—

• any spirit (including methylated and plain spirits), wine or beer (including traditional beer);
• any fermented, distilled, spirituous or malted liquor not mentioned in paragraph (a) containing more than two comma seven five per centum of absolute alcohol;
• any drink with which anything defined as liquor in paragraph (a) or (b) has been mixed; but does not include spirituous or distilled perfume, perfumery, medicated spirit or medicated wine;

“local authority” means—

• a municipal council, town council, local board or rural district council; or
• any other authority declared in terms of subsection (3) to be a local authority for the purposes of this Act;

“Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“permit” means a commercial brewers permit, an employers permit, an exporters permit or a general permit;

“refreshments” means—

• all articles of food, confectionery, beverages or mineral waters such as are ordinarily sold in a restaurant; or
• newspapers, periodicals, books or post-cards; or
• manufactured tobaccos, matches, pipes or other smokers’ requisites;

“sell” includes—

• keeping, exposing, offering or possessing for sale;
• bartering or exchanging;
• supplying free of charge at any place at which an entrance fee is charged or at which a collection is made for any entertainment given there;

“supply” means to dispose of otherwise than by sale;

“traditional beer” means—

• the alcoholic drink which is brewed from grain and is commonly known as utshwala, doro or whawha; or
• any potable opaque liquid containing more than one comma seven per centum of ethyl alcohol by volume at fifteen degrees celsius, which—
  • is derived by the fermentation of a mash of cereal, grain or vegetables or of grain or vegetable products, with or without additives; and
  • contains, per one hundred millilitres, not less than two grams of the water-insoluble mash, or the water-insoluble residue of the mash, from which it is derived;

or

• any intoxicating drink or powder declared to be traditional beer in terms of subsection (2).

(2) The Minister may, by statutory instrument, declare—

• any intoxicating drink which, in his opinion, is substantially similar to traditional beer; or
• any powder which, in his opinion, when mixed with water, with or without the addition of yeast, forms a drink which is substantially similar to traditional beer;

as defined in paragraph (a) or (b) of the definition of “traditional beer” in subsection (1) to be traditional beer for the purposes of this Act and may, in like manner, amend or revoke any such declaration.

(3) The Minister may, by statutory instrument—

• declare any person, other than a local authority, to be a local authority for the purposes of this Act;
• specify the area of jurisdiction of such local authority; and may, in like manner, amend or revoke any such declaration or specification.

                       3    Act to bind State

This Act shall bind the State.

PART II

CONTROL OF TRADITIONALBEER

                       4     Control of brewing, selling, supplying or possessing traditional beer

(1) No person shall brew traditional beer—

• unless he is authorized in terms of this Act to brew such beer; or
• except in terms of a permit issued in terms of this Act to brew such beer.

(2) Save as may be authorized in terms of the Liquor Act [Chapter 14:12], no person shall sell traditional beer—

• unless he is authorized in terms of this Act to sell such beer; or
• except in terms of a permit issued in terms of this Act to sell such beer.

(3) Save as may be authorized in terms of the Liquor Act [Chapter 14:12], no person shall supply traditional beer—

• unless he is authorized in terms of this Act to supply such beer; or
• except in terms of a permit issued in terms of this Act to supply such beer.

(4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[Subsection as inserted by section 4 of Act No. 22 of 2001]

PART III

AUTHORITY TOBREW, SELLORSUPPLYTRADITIONALBEER

                       5    Authority to brew, sell or supply traditional beer to service personnel

(1) The Commissioner of Police, the Commander of any branch of the Defence Forces or the Director of Prisons may, subject to such conditions as he may impose, authorize any person to do one or more or all of the following—

• brew traditional beer;
• sell traditional beer to members of and employees in the Police Force, the Defence Forces or the Prison Service, their families and their bona fide guests;
• supply traditional beer to persons referred to in paragraph (b); for consumption within the precincts of any police, defence force or prison establishment.

(2) Any person who is authorized to sell traditional beer in terms of subsection (1) may, subject to any conditions imposed by the person granting the authority, sell refreshments in or on the premises in which he sells traditional beer, and shall not be required to hold a licence under the Shop Licences Act [Chapter 14:17] in respect of such sales.

                       6     Domestic brewing and supply of traditional beer

Subject to such conditions as may be prescribed, a person of or over the age of eighteen years may brew and supply traditional beer in such quantity as is reasonable for the domestic and social needs of himself and his family.