Relief for shebeeners on way

INTERIM regulations which will help shebeen owners obtain licences to run their businesses will be gazetted soon.

Minister of Trade and Industry Immanuel Ngatjizeko made this announcement in the National Assembly yesterday but stopped short of citing what these measures entailed or when they would come into effect. “These measures are aimed at removing all the identified hurdles that have so far proved difficult to meet for one to obtain certain licences, and to facilitate the speedier granting of licences.The said measures are being taken in the context of full respect for and upholding of the rule of law in a country governed by the Constitution,” said Ngatjizeko.At the request of President Hifikepunye Pohamba, his Ministry continued to search for solutions to the current shebeen problem, he added.At the same time he reiterated Government’s call that shebeen operators apply for licences while Government was taking steps to facilitate the issuing of licences.Ngatjizeko said that an inter-ministerial committee set up to look at the shebeen issue had considered the problems in the implementation of the Liquor Act and decided on “certain measures” that would take effect from the date of their proclamation in the Government Gazette.”I do not wish to be specific on the measures at this point since the exact wording thereof is being worked on by legal drafters of the Ministry of Justice,” said Ngatjizeko.The Minister said the temporary relief would be for a defined period.He said it would take some time before these would come into effect because legislative procedures still had to be followed taking into consideration possible conflict with other laws of the country and town regulations.”In the long run the action of the Minister of Trade will not be enough without the review of the current town planning regulations and Ordinance No 18 and 1954,” said Ngatjizeko.The Minister said Government remained committed to reviewing all legislation and regulations that affected SMEs.Making a ministerial statement on the shebeen issue, which has dominated headlines in recent weeks, Ngatjizeko threw the ball in the court of local authorities to make it easier for shebeen owners to run their businesses.He said following consultations of a special technical committee it had emerged that in fact that obstacles to obtaining a fitness certificate from local and regional authorities were contained in the Town Planning Ordinance of 1954 rather than the Liquor Act of 1998.Ngatjizeko said the Town Ordinance was outdated, and did not take into account the concept and reality of small and medium enterprises and self-employment activities.Among others, the ordinance prohibits the running of a business which will cause a public disturbance in a residential area.Many shebeen owners are also unable to prove ownership of shebeen premises because they operate in informal settlements which are unproclaimed areas.This means that no deed of sale or lease agreement can be obtained.Shebeen owners need to obtain a fitness certificate before they can apply for a liquor licence.The Liquor Act provides for the granting of a licence while the fitness certificate (the responsibility of local and regional authorities) approves the suitability of the premises for the sale of liquor.Ngatjizeko said in view of the current situation, local authorities would be given political directives to review their town planning schemes and regulations.By the time the Minister made the remarks yesterday, the last of the protesters who had been camping outside the Parliament buildings for more than a week, had left.They had come to the capital to express their unhappiness to Government that the Police had shut down their businesses because they did not have the required licences to operate.”These measures are aimed at removing all the identified hurdles that have so far proved difficult to meet for one to obtain certain licences, and to facilitate the speedier granting of licences.The said measures are being taken in the context of full respect for and upholding of the rule of law in a country governed by the Constitution,” said Ngatjizeko.At the request of President Hifikepunye Pohamba, his Ministry continued to search for solutions to the current shebeen problem, he added.At the same time he reiterated Government’s call that shebeen operators apply for licences while Government was taking steps to facilitate the issuing of licences.Ngatjizeko said that an inter-ministerial committee set up to look at the shebeen issue had considered the problems in the implementation of the Liquor Act and decided on “certain measures” that would take effect from the date of their proclamation in the Government Gazette.”I do not wish to be specific on the measures at this point since the exact wording thereof is being worked on by legal drafters of the Ministry of Justice,” said Ngatjizeko.The Minister said the temporary relief would be for a defined period.He said it would take some time before these would come into effect because legislative procedures still had to be followed taking into consideration possible conflict with other laws of the country and town regulations.”In the long run the action of the Minister of Trade will not be enough without the review of the current town planning regulations and Ordinance No 18 and 1954,” said Ngatjizeko.The Minister said Government remained committed to reviewing all legislation and regulations that affected SMEs.Making a ministerial statement on the shebeen issue, which has dominated headlines in recent weeks, Ngatjizeko threw the ball in the court of local authorities to make it easier for shebeen owners to run their businesses.He said following consultations of a special technical committee it had emerged that in fact that obstacles to obtaining a fitness certificate from local and regional authorities were contained in the Town Planning Ordinance of 1954 rather than the Liquor Act of 1998.Ngatjizeko said the Town Ordinance was outdated, and did not take into account the concept and reality of small and medium enterprises and self-employment activities.Among others, the ordinance prohibits the running of a business which will cause a public disturbance in a residential area.Many shebeen owners are also unable to prove ownership of shebeen premises because they operate in informal settlements which are unproclaimed areas.This means that no deed of sale or lease agreement can be obtained.Shebeen owners need to obtain a fitness certificate before they can apply for a liquor licence.The Liquor Act provides for the granting of a licence while the fitness certificate (the responsibility of local and regional authorities) approves the suitability of the premises for the sale of liquor.Ngatjizeko said in view of the current situation, local authorities would be given political directives to review their town planning schemes and regulations.By the time the Minister made the remarks yesterday, the last of the protesters who had been camping outside the Parliament buildings for more than a week, had left.They had come to the capital to express their unhappiness to Government that the Police had shut down their businesses because they did not have the required licences to operate.