The South African Youth Alcohol Conundrum  

Koma Ramontja is a PhD candidate in Law at the University of Lesotho (NUL), with over two decades of experience in labour, commercial, and civil law. He holds a Master of Laws (LLM) in Labour Law from the University of South Africa (UNISA), an LLB and B.Iuris from the University of Limpopo (UL), as well as qualification certificates in Financial Planning, human resource management, and labour relations. He is a practicing attorney and Managing Director of Koma Ramontja Attorneys Inc. His research focuses on employment law and pension reform, with recent work published in the South African Mercantile Law Journal (2024). He has presented issues of law in a number law conferences and member of the South African Board for People Practices (SABPP) and the Black Lawyers Association.

The South African Youth Alcohol Conundrum  

1.    Introduction

South Africans celebrate Youth Day, a public holiday on June 16th, by recognizing and honouring the youth's role in fighting apartheid and shaping a more inclusive society. The day of celebrations of often involve community service, art and culture exhibitions, sports events, and other initiatives that empower young people. The events of the youth day remains a powerful symbol of resistance and a reminder of the sacrifices made by South African youth in the fight for freedom and equality. 

The reality is that the youth are adamant that there is no future for them in a country plagued by economic hardship, violent crime and unemployment. The frustrations have seen the youth indulge in taking drugs and some resorting alcohol consumption. It has become a normality for the youth to walk around drinking alcohol in public despite the country’s legislation prohibiting public drinking. Their actions justified by the misunderstood interpretation of their rights in terms of our South African Constitution. 

2.    What is the impact of Alcohol on the Youth

The youth are more likely to be involved in violent crime when intoxicated, and alcohol can impair judgment, leading to risky behaviours and criminal activities. In addition, alcohol abuse can exacerbate other issues like family dysfunction, which can contribute to juvenile delinquency. The early exposure to dysfunctional family patterns may contribute to juvenile offending.  

3.    What are the Contributory Factors to Alcohol Consumption

3.1 Peer Influence: The emancipation of the youth to the adolescent stage opens an opportunity for them to spend time away from parental supervision. This in turn increases opportunities for getting exposed in getting involved in the behaviour such as consuming alcohol .In the process the youth tend to pay more attention to the standards set by their friends and peers and want to copy them. The fear of being unwilling to be influenced by peers may result to social rejection.

3.2 Alcohol Advertising: Advertising impacts on thoughts, feelings and actions of consumers. To a certain extent it can be argued that it has a strongly experimental influence on the youth and results in a need to consume. 

3.3  Parental Influence: The parent’s own alcohol consumption in the presence of the children creates a behavioural pattern that is seen acceptable in their eyes . 

4.  The Enabling Acts 

 4.1   National Liquor Act No. 59 of 2003.

The law prohibits the sale or supply of alcohol to anyone under the age of 18. License holders are responsible for verifying the age of customers and face penalties, including fines, imprisonment, and potential loss of their liquor license for violating this law. 

Drinking in public places is generally prohibited, and this includes vehicles on public roads. If caught drinking in public, individuals may be arrested, have their liquor confiscated, and face fines or prosecution. 

The Liquor Act does not specifically define "drunk," but legal interpretations consider it as being so intoxicated that one loses control of mental or physical faculties, potentially causing harm to oneself or others.

Despite the law in place most license holder continue to contravene the law by selling alcohol to the underage youth. Policing to uphold the law on the other hand lacking to apprehend those breaking the law.

4.2    Child Justice Act no.75 of 2008

Summary guide on the child justice process:

1. A child is suspected to have committed an offence will be apprehended by the police and depending on the seriousness of the alleged offence the child may be warned, summoned or arrested to appear at a preliminary inquiry. 
2. The child and his/her parents or care givers will be informed of the charges against the child, the child’s rights; the immediate procedures to be followed and the date, time, place where the child must appear in court.
3. Every child who is alleged to have committed an offence must be assessed by a probation officer.
4. The parent or care givers or police bring the child to court
5. A preliminary inquiry will be held to inquire into the matter and to decide on how the appropriate way to deal with the child.
6. At the preliminary inquiry there are four possible steps that may be taken:

·      If the child is in need of care or protection, the matter will be referred to the children’s court which will determine suitable interventions.

·      If the child accepts responsibility, it may be recommended at the preliminary inquiry that the child be diverted. If the child does not complete or comply with the diversion, he/she will be brought back to court.

·       If no diversion order is made by the court or the child is not found to be a child in need of care and protection the case is referred to the Child Justice Court for trial.

·      If the matter has been referred for trial in the Child Justice Court, the preliminary inquiry magistrate will decide on the detention or release of the child pending the finalisation of the criminal case.

·      At the end of the trial the child may be convicted and sentenced or acquitted.

5.    Conclusion

Today the youth in South Africa are vulnerable to alcohol use and its negative effects, largely due to accessibility of alcohol products, especially in the localities with poor socioeconomic status and infrastructure. The powerful symbol of youth resistance portrayed by the 1976 Soweto uprising generation against the apartheid government‘s policy has lost its momentum. However a lesson can be learned from our Kenyan youth counterparts who are setting their sights higher, taking aim at fighting corruption and misgovernance.They are important for driving economic growth, political participation, and social development. They also represent an important part of the population and have the ability to be a major force in the country's progress. Put simply, crime committed under the influence of alcohol might lead to negative consequences and legal repercussions. This includes potential arrest, loss of social standing, family shame, and being labelled a criminal. The message to the youth is that while drinking alcohol may start as fun, it can turn into something that causes problems in their lives. We need to nature future leaders in our youth.