State v. Lawrence
South Africa Constitutional Court
(4) SALR 1176 (CC) (1997)
- Written by Mary Katherine Cunningham, JD
Facts
The government of South Africa (plaintiff) charged multiple employees of Seven Eleven for violating South Africa’s Liquor Act 27 of 1989. Under §§ 88(1) and 90(1)(a) of the act, the stores’ wine licenses authorized the sale of table wine at Seven Eleven stores during certain specific days and hours. Magdalena Solberg (defendant) was charged with violating her store’s wine license by selling wine on Sunday; Rebecca Lawrence (defendant) was charged with violating her store’s wine license by selling wine after hours; Rodney Negal (defendant) was charged with violating his store’s wine license by selling beer and cider. The South Africa Magistrates’ Court convicted Solberg, Lawrence, and Negal of violating the act. Solberg, Lawrence, and Negal appealed to the South Africa Constitutional Court. Negal and Lawrence argued that the Liquor Act’s terms violated the right to economic activity guaranteed under § 26 of the South Africa Interim Constitution. Solberg further argued that the act’s terms violated the right to freedom of religion, belief, and opinion guaranteed by § 14 of the constitution.
Rule of Law
Issue
Holding and Reasoning (Chaskalson, J.)
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