The new bill on raising the drinking age in South Africa to 21 – and amendments to the National Liquor Act – are now up for comment. As with any change there will be much reason for debate. What you can’t argue with is the high accident rate in our country caused by irresponsible drinking and driving. But the question remains: will preventing young people between 18 and 21 from buying and consuming alcohol, promise safer driving, fewer deaths, a lower crime rate and generally better behaviour?
How things look currently
South Africa has one of the highest drinking and driving statistics in the world. Over 40 percent of all injuries and non-natural deaths, involve persons whose alcohol levels fall above the legal limit set for driving.
Studies in this area can be variable but averages hover around the fact that as much as 60 percent of South Africans consume alcohol on a regular basis compared to the world average of 52 percent. And these figures in SA are advancing alarmingly with as much as 5 billion litres of alcohol consumed a year. This abuse of alcohol costs the country an estimated R37 billion a year due to accidents, hospitalization, injuries, incapacitation and death. Not to mention insurance processes and court cases for compensation.
In addition to the drunk driving issues, there are the matters of domestic violence and abuse, together with the fact that South Africa has one of the highest incidences of foetal alcohol syndrome (FAS) in the world. Today, there are approximately one million people in the country with FAS, while another five million people suffer some level of damage caused by excessive alcohol intake.
The arguments
- Physiologically, the brain does not fully develop until the mid-twenties. The fact that the brain is not yet fully developed at ages 18 – 21, results in a more severe effect than that which the older, more fully developed brain will experience. Alcohol may not only impact brain development at a younger age – but young people tend to become intoxicated more quickly than their elders.
- In other countries where the drinking age was increased, the road accident rate declined. On the other hand, in countries where the legal drinking age was reduced – such as New Zealand where it went down from 20 to 18 – there was an increase in the number of road accidents involving young people.
- The 21 age rule for drinking would be hard to police. Young people, indeed even teenagers find all sorts of ways to get their hands on alcohol. The role of parenting would need to be accentuated; parents would have to be more aware and stringent in taking responsibility for the education and control of their children.
- Many argue that changing the age limit won’t make much difference. The level of drinking in South Africa is very high due to poor social conditions, lack of education, policing and application of the law.
The new proposals
Apart from raising the age of drinking to 21, there are several new norms and standards to be introduced such as civil liability, licensing regulations, advertising restrictions, and creation of a national liquor regulator.
Civil Liability – it has been traditionally difficult to tackle the illegal trade in alcohol, compelling government to consider introducing civil liability. There will be two areas of accountability encompassing both legal and illegal outlets.
- Illegal outlets: manufacturers and suppliers serving unlicensed proprietors whose customers subsequently cause accidents or commit crimes under the influence of alcohol, will be held liable. This means that the onus of responsibility will be shifted to both the manufacturer and the distributor – together with the owner of the illegal outlet. The victims, communities, or even the State, will be able to sue the suppliers of these illegal “drinking holes”. The intention is in effect to “choke off’ supplies to illegal operations.
- Legal distributors – those legal outlets who serve alcohol to patrons already clearly over the limit, will be held liable if that person is subsequently responsible for a motor vehicle accident or commits a crime.
Licensing Registrations – registering of liquor outlets and shebeens will fall under tighter control. No new licences will be issued to outlets located closer than 500 metres from schools, recreational centres or places of worship. The density and concentration of liquor outlets, currently a bone of contention especially in residential areas, will be examined and licences reviewed.
Advertising Restrictions – the new Bill will set limits on alcohol advertising, including a blanket ban on advertising which specifically targets young people. Billboards advertising liquor will not be allowed near any transport facilities such as stations and garages.
Introduction of a National Liquor Regulator – the new Bill proposes the creation of a national liquor regulator, which would take over many of the functions that currently fall on the Minister of Trade & Industry.
Handling your case
If you’ve been injured in a car accident with a drunk driver, or suffered personal injury as a result of drunken behaviour, then you need to contact us. As an experienced firm with impeccable standards, Simpsons has a personal yet highly professional approach to dealing with road accident victims – and specifically victims of drunk driving. We offer sound advice on how to proceed with both claiming recompense and processing your insurance claim – and we operate on a no win, no fee basis.
Find out more about us at: www.simpsons.co.za
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