Midnight last rounds? ConCourt hears liquor hours case on 10 November

The Constitutional Court will hear the fight over late-night alcohol sales in the Northern Cape on Tuesday, 10 November 2026. The case could decide whether bars and taverns there may sell liquor until 2am, and it is being watched by other provinces setting their own hours (Constitutional Court roll; Sunday Times).

The DG Murray Trust (DGMT), which brought the case, wants midnight to be the latest closing time for venues where people drink on the premises (Sunday Times).

What did the Northern Cape law change?

The Northern Cape Gambling and Liquor Act 6 of 2024 let many bars, taverns and other on-consumption venues sell alcohol until 2am, seven days a week. It also extended some take-home sales on Saturdays and public holidays (DGMT).

According to DGMT, the public was asked to comment on a draft with shorter trading hours, but the final law allowed materially longer ones (DGMT).

What did the high court rule?

On 17 April 2026 the Northern Cape High Court declared the whole Act invalid and unconstitutional because the provincial legislature failed to facilitate public involvement before passing it, as section 118 of the Constitution requires (judgment on SAFLII).

The court separately struck down sections 93(2)(c) and 93(4), the trading-hours provisions, finding they failed the tests of legality and rationality. The legislature and the other respondents were ordered to pay DGMT's costs (judgment).

Is the 2am rule in force right now?

Not settled yet. When a high court declares a provincial Act invalid, that order has no force until the Constitutional Court confirms it (Constitution, section 172(2)(a)). That is why the case is going to the apex court, with case number CCT 127/26 (court roll).

If you run or work at a licensed venue in the Northern Cape, check your licence conditions with the Northern Cape liquor authority rather than relying on news reports while the case is pending.

What does DGMT want the ConCourt to do?

It wants the high court order confirmed. It is also appealing the parts of the judgment where the judge declined to rule on how longer trading hours affect dignity, safety, health and children's rights (DGMT).

DGMT argues that drinking late at night and in the early morning drives binge drinking in vulnerable communities, and links it to road crashes, domestic violence and foetal alcohol spectrum disorder (FASD). At the high court hearing, its counsel said 12% to 28% of children in some Northern Cape areas live with FASD (DGMT; Sunday Times).

"Liquor trading hours should be determined by evidence of what reduces alcohol-related harm," said Kashifa Ancer of DGMT's Rethink Your Drink campaign (Sunday Times).

Why does it matter outside the Northern Cape?

Liquor trading hours are set province by province. A ConCourt ruling on how far provinces must weigh health and safety when setting those hours would guide every provincial legislature (Sunday Times).

In his 2026 State of the Nation Address, President Cyril Ramaphosa asked provinces to tighten alcohol regulation, including by restricting trading hours (DGMT).