According to Danie Cronje, the Director of Liquor Law Services at Cluver Markotter Incorporated, the problem is not actually the Western Cape Liquor Act, but the Western Cape Provincial School Education Act. In terms hereof, no person may bring liquor onto school premises or possess liquor during any school activity. According to Cronje, this goes further than prohibiting the sale of liquor during events aimed at fund-raising.
The
fact that no person may possess liquor means that it is not even permitted to
bring one’s own liquor for example during a picnic or braai at the
school. It also means that, even if a school function is held at a place
other than the school, parents and teachers attending would not be able to
drink any alcoholic beverages, even though the premises may have a liquor
license which allows the sale of liquor.
Despite the prohibition in the Education Act, the Liquor Authority had been prepared to grant liquor licenses or fund-raising events at schools, provided that the event be organised by a third party and not the school and that it would not be held during school hours.
The
policy, which has now been published by the Liquor Authority, confirms that
this is no longer the case and that the Education Act prevents the Liquor
Authority from granting such licenses.
Although
the amendments to the Western Cape Liquor Act which have recently been
published for public comment, includes the removal of a provision which prevent
special event licenses being granted from schools, the Education Act would also
have to be amended to allow alcohol at school premises.
According to Cronje, the appropriate course of action would be for schools to submit representations to the Western Cape Minister of Education requesting an amendment to the Education Act which will allow them to sell liquor at fund-raising activities, such as wine auctions, dances, etc..