Health Minister receptive to judge’s call to enhance alcohol warnings amid GBV concerns
While Health Minister, Dr Aaron Motsoaledi would be open to placing stronger alcohol labelling messaging for the public to take note of, he is aware that this would be a minor step toward a much bigger problem.
Judge Avinash Govindjee, sitting in the Makhanda High Court in the Eastern Cape, recently addressed alcohol labelling when sentencing two men who were found guilty of murdering their partners in the province.
The judge expressed concerns during two unrelated judgments involving men who had brutally murdered their partners after consuming alcohol.
Govindjee urged the Minister of Health to add more warnings on the labels of alcoholic beverages to warn people that the consumption of alcohol can lead to GBV.
“Study findings have repeatedly confirmed the role of alcohol in intimate partner violence, pointing to the need for dedicated prevention interventions. Cases such as the present, as well as sexual offence-related cases, including child rape, frequently have alcohol flowing through the narrative as a common theme.
“In terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972, the Minister of Health is empowered to make regulations prescribing the way in which any foodstuff, including alcohol, shall be labelled.
“This includes the nature of the information to be reflected on any label, the manner or form in which such information is to be reflected or arranged on the label, and the nature of information which may not be reflected on any label,” the judge explained.
“The minister has made regulations (the regulations) relating to health messages on container labels of alcoholic beverages, including beer and traditional beer as defined in s1 and schedule 1 respectively, of the Liquor Act, 2003.
“Of the seven ‘health messages’ contained in Annexure A of the regulations, only one deal with violence and crime, in the following terms: ‘Alcohol is a major cause of violence and crime’. There is no specific reference to the established link between alcohol and gender-based violence, including rape and murder, also in the context of domestic relationships,” Govindjee stated.
“Furthermore, container labels for alcoholic beverages need only contain one of the seven health messages set out in the annexure to the regulations, in a space one-eighth the total size of the container label.
“This would appear to me to be wholly inadequate when considering the torrent of cases, including the present, in which alcohol is linked to violence.”
Govindjee explained that leaving aside the question of whether the chosen form of regulation is adequate for warning alcohol consumers of the correlation between alcohol, violence, and crime, the failure to highlight the link between alcohol and gender-based violence appears to be an omission.
“In the context of the country’s efforts to address gender-based violence, including intimate femicide, this at least requires proper consideration.
“In the circumstances, the registrar is directed to ensure that a copy of this judgment is made available to the office of the Minister of Health, drawing attention to this paragraph of the judgment.”
Motsoaledi said that they were not aware of the judgment, but that he would look into it. He added that his department has already been active, using cigarettes as an example, and that they are looking to do more with the health warnings there.
In September last year, The Portfolio Committee on Health received a presentation from the Department of Health on The Tobacco Products and Electronic Delivery Systems Control Bill. The Bill was tabled in Parliament on December 9, 2022, and subsequently referred to the Portfolio Committee on Health for consideration.
The Bill aims to strengthen public health protection measures, align South African tobacco control law with the World Health Organisation Framework Convention on Tobacco Control, and repeal the Tobacco Control Act of 1993 and its amendments.
Key provisions in the Bill include the introduction of 100% smoke-free indoor public places and certain outdoor areas; a ban on the sale of cigarettes through vending machines; the implementation of plain packaging with graphic health warnings; a ban on the display of products at points of sale; and the regulation and control of electronic nicotine delivery systems and non-nicotine delivery systems.
At the time, some committee members voiced concerns about the effectiveness of current regulations in curbing illicit tobacco trade and called for robust enforcement measures to ensure the new legislation is adhered to.
“However, I’m not sure in terms of alcohol if it would make any (difference) as with alcohol we are looking at something much bigger - such as harm reduction, etc. We have prepared such an act, but it did not go through, most probably because with alcohol, as you know, there is a lot of pushback - much more than with cigarettes.
“We will definitely look at it because it is better than nothing. Why I’m saying it is better than nothing, is because we are winning people (over) with cigarettes, but they are still smoking,” Motsoaledi said.
“And we want to go even further with smoking regulations because just warning people hasn’t really made us arrive where we want to be.
“So with alcohol, if we have been offered such a recommendation by the judge, there is no way we will reject it, but all I’m saying is that that is not something we believe can make a huge change in our country.”
Western Cape Department of Social Development (DSD) spokesperson, Esther Lewis, shared insight from the region stating that they are well aware of the connection between alcohol and violence, but that they can only comment on legislation when invited to do so.
“As with all legislation that relates to the department and its programmes, DSD will make submissions, when invited to do so, via the provincial parliamentary channels and processes.
“We are aware of the link between substance abuse and GBV, and in line with our mandate, the Western Cape DSD continues to provide services in both areas of substance abuse and gender-based violence, which often overlap. These interventions range from early intervention and prevention services to treatment and aftercare services,” she said.
Lewis said that to this end, the department implements and funds interventions across various target groups, including youth at risk.
“Among several interventions are the school-based crime prevention programmes which focus on life skills, substance use disorders, personal anger, and stress management to address risky behaviour among learners.
“These and other programmes educate young people about healthy lifestyles to develop their wellbeing and to assist them with positive behaviours and choices as they navigate their futures,” Lewis said.
“Furthermore, the WC DSD funds 25 shelters for victims of gender-based violence, as well as psychosocial services at Thuthuzela Care Centres across the province.”
The Southern African Alcohol Policy Alliance (SAAPA) Secretary-General, Aadielah Maker-Diedericks, commended the strong stance taken by Govindjee, saying they welcome the judge’s recommendation that Motsoaledi introduce comprehensive health warnings on all alcohol products — aligning with the measures first implemented in Ireland in 2023.
“SAAPA has consistently championed stricter alcohol regulations and calls on the South African government to adopt a package of interventions to reduce alcohol harm that includes labelling and a density clause in awarding liquor licenses.
“We should follow Ireland’s approach, which will mandate health warnings on all alcohol products by 2026.”
Ireland is the first country in the European Union to ensure that, from 2026, all alcohol products will have comprehensive labelling about health risks from consumption, including warnings about the risks of developing cancers.
“International and local research shows that alcohol is a key driver of violence, including intimate partner violence, non-intimate partner violence, murder, sexual abuse, and rape,” said Maker-Diedericks.
“Judge Govindjee also noted that while existing health warnings on alcohol products are in place, they fail to explicitly acknowledge the link between alcohol consumption and gender-based violence, including rape and murder.
“SAAPA strongly agrees with his assessment, especially in light of the recently published First South African Gender-Based Violence Report (2024), which underscores the urgency of addressing this crisis,” Maker-Diedericks said.
“SAAPA applauds the judiciary’s leadership and calls on the South African government and its SADC partners to act decisively by implementing comprehensive health warnings on all alcohol products. The time to act is now.”
According to the Governance, Public Safety, and Justice Survey, 2020/21 (GPSJS) released by Statistics South Africa, levels of crime experienced by households and individuals in SA over the 2020/21 period dropped.
Amid the Covid-19 pandemic, the country implemented strict measures, with multi-level lockdowns, curfews, a ban on travel, and restrictions on alcohol and cigarettes.
An estimated 11 000 incidences of murder occurred in 2020/21 affecting 11 000 households. The number of households represents 0.1% of the households in South Africa and was down 19% from 2019/20.
While lockdown restrictions attempted to control the spread of the coronavirus by keeping people at home, the report indicated that this may have increased the chances for domestic and family violence to occur.
Police Minister Senzo Mchunu weighed in, stating that the issue of gender-based violence (GBV) remains a national crisis, and the South African Police Service (SAPS) continues to take decisive action to protect victims and hold perpetrators accountable.
“As law enforcement, our priority is to ensure swift justice for victims. While alcohol consumption does not excuse criminal behaviour, there is substantial evidence of its correlation with violent crimes, including murder and assault.
“The fight against GBV requires a whole-of-society approach. We encourage continued collaboration between government departments, the justice system, civil society, and communities to ensure that perpetrators are held accountable and that survivors receive the support they need,” Mchunu said.
theolin.tembo@inl.co.za