The owner of Ntombi’s Tavern, Ntombi Sibiya, has been hailed a heroine by her colleagues and fellow tavern-operators in the township liquor industry for leading the fight in the banning of alcohol.
Tired of watching her thriving liquor business forced to gradual bankruptcy and her rights trampled by bureaucracy, she claimed she could no longer allow herself to be a passive spectator to the demise of her small business and those who depended on her for a living.
She decided to take a stand for her rights.
Ntombi’s Tavern in Thembisa is one of the many watering holes where the township’s tipplers stop-by for a drink.
But since the start of lockdown, many of these small, once thriving liquor joints have been hit the hardest, as the third ban on alcohol sales enforced by the National Command Council (NCCC) on December 29.
Struggling to cling to the strain of the new economic life for her and all those who financially depend on the income generated by her business, on January 5 Sibiya decided to join forces with the South African Breweries (SAB) to challenge the constitutionality of the alcohol ban.
“At this point I have two options. I can either protect my business by fighting for the rights promised to me by our constitution, or shut down and put everyone who depends on me at risk. I have chosen to take a stand for myself and my family,” contended Sibiya.
As her only source of income, Ntombi’s Tavern is more than just a lifeline for Sibiya.
“I have seven full-time employees and their dependents, among them my own six grandchildren, most of them still in school. My son was retrenched due to the impact of the lockdown and can no longer provide for his children. It is now all up to me and my tavern to support them during this hard time,” Sibiya explained.
Sibiya’s tavern has been operating for approximately 35 years. Ntombi’s Tavern has grown into a business that, at the beginning of 2020, was able to order and re-sell an approximate average of 2 400 cases of beer per month.
For Sibiya, the consistency of this revenue has been unduly interrupted, which can only be ascribed to the fluctuating restrictions on the sale of liquor imposed by the government.
“I have exhausted every option to save myself, my employees and all our families. The financial strain this ban puts on us is too much and we are all quickly running out of time.”
She pointed out she has been forced to take several remedial steps to save her now floundering enterprise, including laying off six of her employees and delving into her personal savings to keep the business afloat.
“The money will soon run out and I predict that Ntombi’s Tavern will soon be unable to make ends meet. If the alcohol ban continues, I will be forced to permanently close my small business and wave my business life goodbye.
“This will be devastating for my family and my remaining employees. My only option is to fight this.”
What constitutional grounds does Sibiya have to stand on? The constitution guarantees all South Africans the right to freely partake in their chosen trade or profession. Legally speaking, the government should not unjustifiably make that choice to trade unlawful, undesirable, difficult or unprofitable.
“Selling alcohol to my community has been my chosen trade. I have been able to pursue this trade legally and profitably. The government’s restrictions on the sale of alcohol changed my world without warning,” contested Sibiya in her affidavit.
By suddenly rendering the sale of alcoholic beverages illegal, the government has also rendered Sibiya’s chosen commercial pursuit unprofitable.
“Should they wish to continue along this path, they need to prove to us that it is constitutional.”
The constitution also states rights may be limited by a law of general application that is ‘reasonable and justifiable in an open and democratic society based on dignity, freedom, and equality’.
Further to this, the constitution guarantees all South Africans the right to human dignity. For Sibiya and scores of tavern owners across the country’s townships, this right prevents government from unjustifiably destroying the conditions that are essential to their continued survival.
Second to this, it affords citizens the freedom and ability to make their own decisions regarding the way they cultivate those conditions, which are generally essential to their continued survival – as is the case for Sibiya and her business.
“The profits from my tavern business feeds me and my dependents, and by extension, my employees and their families. The continued existence of this business is what will keep me and my family alive.”
Sibiya has chosen to take the fight to the courts.
“This third ban on the sale of alcohol constitutes an infringement on my right to freedom of trade and occupation and my right to dignity. To be taken away from me and the thousands of other tavern owners like me is simply unjustifiable and we move for the ban to be declared unconstitutional and our incomes restored,” concluded Sibiya.
