The government lost the case with costs. Last April, the Lobatse High Court ruled that nightclubs can continue trading by the hours, which are prescribed on their special licences until they expire. The ruling was made after the government introduced new laws restricting liquor trading and entertainment hours. The nightclub owners had initially filed an urgent application to challenge the decision by the government that they should operate in accordance with the new liquor regulations. Before the High Court decision in April, police officers used to go around closing nightclubs that were not complying with the new regulations. When the nightclubs won against the government, the Attorney General moved to the Court of Appeal arguing that Justice Isaac Lesetedi of the High Court misdirected himself by finding that the Minister of Trade and Industry had delegated the powers to prescribe trading hours for special liquor licences to local licensing authorities.
The Court of Appeal ruled on Friday that the minister had powers under the Act to prescribe what kinds of licences might be issued and what terms might be incorporated. The court found that the power was to be exercised by making regulations under Section 68.
