MyPE

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Drinking on the Beach – What the Law Says

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With reference to the above – a Twittersation has prompted MyPE to do a bit of digging into the words of a disgruntled friend of alcohol who has chosen to take metro officials to task over their renewed vigour to enforce the ‘no alcohol on beaches ban’.

It started with this; “banya ‘bantu bakuthi @MyPE @AtholT coming with white tendencies no alcohol at St Georges i can see a lot of votes regretting voting for DA”

EDITOR: Maybe the correct statement from PurariPE should have been; “I can see a lot of votes regretting voting for the ANC”

Then it went into a comment on culture; “@Michaellbprice @MyPE @AtholT and now all of a sudden it’s been forced away from them this has been they’re culture for years cc @YolzYako”

Again with the ‘THEM’ word which is kinda weird as the above was a shared culture amongst all South Africans – whether they supported the ANC, NP, DA, EFF, COPE, UDM or were male or female or LGBT

The law in South Africa states that it is not legal to drink in public.

Section 59. (1) Sub Section (e) of the Eastern Cape Liquor Act, 2003 says that; “No person may consume any liquor in any road, street, lane or thoroughfare, or on vacant land adjacent thereto, in an urban area or other area subdivided into erven or plots with streets bounded by such erven or plots” – which pretty much covers all areas we know as public areas INCLUDING beaches.

Other definitions of “public areas” includes any place to which the public have access as a right or by invitation, expressed or implied, and includes a vehicle in a public place. So you could be fined for being drunk in your favourite watering hole or even as a passenger in a car.

I must admit upfront that the Nelson Mandela Bay Municipality does not seem to have a specific bylaw dealing with NO DRINKING ON THE BEACH – I gave up after 45 minutes of fruitless searching.

BUT, Provincial Gazette Number 2322 dated 24 March 2010 of the Nelson Mandela Bay Metropolitan Municipality Public Amenities By-Law has it covered. This Local Authority Notice number 39 was enacted under the provisions of Section 156 of the Constitution of the Republic of South Africa, 1966.

Broad powers are granted to the Municipality over Public Amenities (such as beaches) in Chapter 1.

  • The municipality may determine the number of vehicles that may be in or at a public amenity
  • The dates and time a that a public amenity may be open to the public
  • The activities that may take place
  • The municipality may grant exclusive use of an area
  • Close a public amenity
  • Order persons committing offences to leave
  • Refuse suspicious persons permission to enter a public amenity
  • Levy entrance fees
  • Erect notice boards showing times, dates and conditions of entry and activities that may or may not be undertaken
  • Fine anyone who contravenes provisions of the notice erected
  • VERY NB – where no notice board has been erected NO activities may be undertaken upon the public amenity

For the purposes of the ‘debate on Twitter’ the pertinent fact is: The municipality may determine the activities that MAY or MAY NOT take place

The fines that have been promulgated in terms of the above are:

  • Undertaking activities upon the public amenity where no notice board has been erected – R750.00
  • Entering or remaining in a public amenity while drunk or under the influence of a drug – R250.00
  • Failing to observe an instruction by the municipality – R750.00
  • Behaving in an improper, indecent or unbecoming manner – R500.00
  • Performing any act that may detrimentally affect the health of another person – R500.00
  • In any way whatsoever prejudicing that safety, convenience or rights of other persons – R500.00
  • Causing undue noise – R500.00
  • Camping on any land belonging to or which is under the control of the municipality, except on a camping site within the boundaries of a camping area – R1000.00
  • Contravention of conditions imposed by the municipality – R1000.00

More reading on the subject below:

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Alan Straton

Chief Cook, Bottle Washer and Broom Mechanic at MyPE
Passionate about Port Elizabeth and definitely NOT packing for Perth. Alan's ethos is epitomised in the words of Nelson Mandela; "I have fought against white domination and I have fought against black domination. I have cherished the idea of a democratic and free society. If need be, it is an ideal for which I am prepared to die." See more articles by Alan.