IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION)
CASE NO:
In the matter between:
SOUTH AFRICAN LIQUOR TRADERS ASSOCIATION and 14 OTHERS
Applicant
and
THE CHAIRPERSON OF THE GAUTENG LIQUOR BOARD and 2 OTHERS
Respondent
SUPPORTING AFFIDAVIT
I, the undersigned,
PAUL GEORGE OLIPHANT
do hereby make oath and say that:-
1.
2.
I am an adult male businessman of Block N24, Reiger Park, Boksburg, Johannesburg.
The facts hereinafter deposed to fall within my personal knowledge, save where the contrary appears from the context and are, to the best of my knowledge and belief, both true and correct.
3.
4.
5.
6.
7.
During or about November 2004 and in terms of Regulation 21 issued in terms of section 141(1)(m) of the Gauteng Liquor Act No 2 of 2003, I lodged an application in accordance with Form 10 of Schedule 2 for a shebeen permit to be issued to me as envisaged by the said Regulation.
During or about December 2004 the First Respondent issued a shebeen permit to me, a copy whereof is annexed hereto marked “A”.
When I received the said shebeen permit, I noted for the first time that pursuant thereto I was only allowed to sell no more than ten cases of beer, consisting of 12 x 750ml of beer bottles, per week. At no time prior to receiving the permit was I aware that such a restriction in respect of the selling of liquor would be contained in the said permit.
Prior to receiving the permit I sold approximately 50 cases of beer per week and also ciders and spirits.
With the income I derive from the shebeen I sustain myself, my wife and our 4 daughters which are at school. We have no other source of income.
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10.
By strict compliance with the permit conditions, I am unable to meet my living expenses, which include rent, electricity, school fees, groceries and other day to day living expenses.
It is impossible to operate a profitable business based on the permit conditions. Compliance with those conditions will require me to close down my business which will in turn leave my family without an income and therefore destitute.
I have not yet been visited by the SAPS, but live in constant fear of such a raid, the confiscation of my stock, arrests, fines and criminal sentences being imposed upon me should I be found not to comply with the permit conditions.
I understand that this affidavit will be used in support of an application to be instituted by the South African Liquor Traders Association against the Chairperson of the Gauteng Liquor Board, the MEC for Finance and Economic Affairs in Gauteng and the Gauteng Liquor Board to review the position. I support the application for the removal of the restrictions in the permit which has been issued to me and which is annexure “A” to this affidavit.
PAUL GEORGE OLIPHANT
I certify that:
I. the Deponent acknowledged to me that :
A. He knows and understands the contents of this declaration;
B. He has no objection to taking the prescribed oath;
C. He considers the prescribed oath to be binding on his conscience.
II. the Deponent thereafter uttered the words, "I swear that the contents of this declaration are true, so help me God".
III. the Deponent signed this declaration in my presence at the address set out hereunder on day of 2005.
COMMISSIONER OF OATHS
Designation and Area:
Full Names:
Street Address:
