Synopsis:
This is an application for confirmation of an order of invalidity made by High Court in respect of the definition of shebeen in the Gauteng Liquor Act. The definition was challenged as unconstitutional as it served to limit the amount of beer a shebeen could sell and was vague. The High Court invalidated and severed the second part of the definition. In a unanimous judgment, O'Regan J held that the definition was vague and suspended the order for six months. In the interim, the definition as amended by the Court would apply and shebeen permits issued should be amended consistently with the new definition.
