Ten Cape Town restaurants challenge lockdown regulations in court

File picture: AP Photo/Frank Augstein

File picture: AP Photo/Frank Augstein

Published Jul 21, 2020

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Cape Town – Ten Cape Town eateries have lodged a notice of motion in the Western Cape High Court, challenging the regulations banning the sale of alcohol in licensed restaurants.

They also want a declaratory order to include that the 9pm curfew be relaxed to 11pm for patrons.

The restaurants, Nelson’s Eye Restaurant, Reuben’s Restaurant & Bar, Reuben’s & Co Café, Chefs Warehouse Canteen & Wine Bar, Chefs Warehouse At Beau Constantia, Chefs Warehouse Maison At Franschhoek, Thali, Jewells At Spice Route, The Karoo Art Hotel and the Racine Bistro are arranging for their case to be re-enrolled for a first hearing tomorrow.

The ministers of Co-operative Governance and Traditional Affairs; Tourism; Trade, Industry and Competition are respondents in the matter.

In the founding affidavit, William Tomlin, for five of the 10 restaurants, said the main purpose of the application was to prevent the permanent closure of licensed restaurants.

“The applicants wish to make it clear that the crux of their urgent high court application is focused on preventing a bloodbath of permanent restaurant closures in South Africa; and a concomitant, unprecedented permanent loss of tens if not hundreds of thousands of jobs in the restaurant sector. The application is not so

much about alcohol,” Tomlin said.

The departments did not respond to requests for comment yesterday.

President Cyril Ramaphosa said on July 12 the alcohol ban - the country’s second this year - would take pressure off the national health-care system.

Meanwhile, several restaurants, coffee shops and takeaway outlets said they were set for the “million seats on the streets” protest against Covid-19 trading restrictions tomorrow.

They are planning to drag tables and chairs from their empty restaurants into the street to highlight the plight of the industry.

Restaurant Association of South Africa’s Wendy Alberts said: “We have invited Cyril Ramaphosa to take a seat in any of our restaurants and have a conversation with us. We feel that the government hasn’t engaged with us and hasn’t given us any regard.

“We really just want to get our voices heard and we encourage everybody to put their voices out there and to come in unity and speak from their hearts,” Alberts said.

Grub & Vine’s Chef Patron Matt Manning said they needed the government to hear their desperation.

“We need them to find a way to work with us and allow us to operate Most restaurants have now been closed for more than three months with zero income. 

"The curfew is only restricting our dinner trade further, and the alcohol ban means a huge chunk of our revenue is lost,” said Manning.

Cape Times

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