uBAYEDE- THE ONE AND ONLY eSTELLA: A CURIOUS LEGAL DIVE INTO STELLA ARTOIS IN SOUTH AFRICA

chrisdikane

Oct 8

7 min read

We, as Human Beings, have to be the most interesting species in the entire universe. One time, before AI was like a thing, I saw a video of a Guy dancing with a Crocodile in the water, while it was raining. I do not know anything about space and whatever is out there but I can, with certainty tell you that there is no one and nothing in this entire Universe who has danced with a Crocodile, in the water, while its raining. It only Us and pop culture is the lense which presents us with these amazing Human moments.

Which brings us perfectly to this here written expression of mine. It all began with a Instagram scroll one Friday afternoon wherein this dude from University of Kwa-Zulu-Natal went around asking people what is the "Best Beer Ever- The Number One Beer Out of all the Beers". And everyone kept on saying "uBayede" , "eStella" . I never understood the connection between "uBayede" and "eStella". I knew what eStella was, but for the life of me I never understood why a Belgian Beer was referred to as "uBayede" a Zulu term - which translate to The Royalty/The King. Until I saw the video. Now I wont get into details about the video, because Bayede dawg ,you know- but the King of the Zulu Nation was holding a bottle of Stella Artois and speaking his soul. And thats how the Belgian Beer Stella Artois is now referred to as uBayede - Ingoba Makhosi.

Every person who saw that video, in particular Zulu people, figured that if its good enough for the King, then it must be good. And guess what, its an amazing product. Smooth, light, not too bitter, not sweet, just the right beer. Now I dont really drink, unless there is some function or some special occasion, but when I do drink and am asked "what do you drink" - without hesitation I will say "UBeyede" . Therefor me loving the product led me to want to understand how did this nector of the gawds from Belguim get into my hands all the way in South Africa. What rules, regulation, laws did AB InBev - the company that owns the global rights to the Stella Artois brand, its secret yeast strains, trademarked logos, and proprietary recipes- have to comply with in order to get this in my hands.

Although we are about to get technical with it, we are still legal story tellers and therefore we will tell this shit like a story.

Its Begins with Chapter 1

Chapter 1: The Brew & Formula Validation (Inception & Standards)

The journey of a bottle or can of Stella Artois begins at the brewhouse, where raw ingredients are transformed into beer. To qualify for entry into the South African market as a legitimate liquor product, the beverage must strictly conform to the technical definitions set out in Section 6A of the Liquor Products Act 60 of 1989, which outlines the requirement of what constitutes as a legitimate within the South African Liquor Market.

In compliance with section 6A, the brewmaster prepares a wort from starch and sugar-containing raw materials, flavoured with hops or hop products, ensuring that at least 35 per cent of the fermentable extract is derived from malted barley or malted wheat. During and after alcoholic fermentation, strict controls prevent the inclusion of any unauthorized substances or exceeding prescribed ingredient thresholds.

Simultaneously, the brand's compliance and packaging teams ensure the container labels satisfy statutory labeling criteria under Section 11 and Section 12 of Act 60 of 1989. The label must explicitly state the correct class designation ("Beer"), indicate the precise alcohol content as a percentage of ethyl alcohol per volume, declare the true country of origin, and refrain from any imagery or textual claims that convey a false or misleading impression regarding the nature, composition, or quality of the beer.

Chapter 2: The Gateway & Regulatory Clearance (Port of Entry)

Whether arriving as an imported consignment or produced under registered local manufacturing, the beverage must cross a strict regulatory threshold before it can be legally distributed. Now i recognize that Stella Artois is now manufactured in South Africa through its established subsidiary in the form of SAB (South African Breweries), therefore this dive in based on Stella Artois company AB Bev pre merger with SAB Miller in 2016. I figured it would be more interesting to add an extra layer of regulatory requirements within the dive.

For imported shipments arriving at a South African port, Section 16 of the Liquor Products Act 60 of 1989 dictates that no person may import a product with an alcohol content exceeding 0.5 per cent without an official Import Certificate issued by the designated administering officer of the Department of Agriculture. The administering officer verifies that the product fits the statutory category of beer and that the containers and packaging comply with national labeling requirements.

At the port or warehouse, designated state inspectors holding powers under Section 18 may enter the premises to examine containers, inspect documentation, and take product samples. These samples are dispatched to an officially designated analyst to test the liquid according to prescribed laboratory methods, ensuring that no prohibited or excess substances are present.

For informational puroposes:

Its essential that it is also outline that there some custom taxes that need to be paid in terms of the Customs and Excise Act 91 of 1964

Here is how custom taxes apply at this stage of the journey:

When an imported consignment of alcoholic beverages enters South Africa, it must pass through two distinct regulatory checkpoints before it can be released from the port of entry or customs bonded warehouse. It requires both physical/technical authorization under Section 16 of the Liquor Products Act 60 of 1989 and financial tax clearance under the Customs and Excise Act 91 of 1964.
Custom taxes and import excise duties on alcoholic beverages entering South Africa are governed by the Customs and Excise Act 91 of 1964. The tax amount is calculated based on the tariff classification, volume, and alcohol content (percentage of ethyl alcohol per volume) of the beverage.
Lastly it is essentail that one underestand that the product cannot legally enter commercial distribution channels (Chapter 3 of this story) until the importer pays the required customs duties and receives an official Import Certificate from the administering officer. Non-compliance with customs tax obligations under the Customs and Excise Act 91 of 1964 can lead to regulatory reviews or sanctions under Section 19 of the National Liquor Act 59 of 2003.

(Note: If the beer were manufactured locally within South Africa, import custom taxes would not apply; instead, local excise duties under the Customs and Excise Act 91 of 1964 would be assessed at the local brewing facility

Chapter 3: Registered Warehousing & Wholesale Distribution (National Logistics)

Once cleared, the consignment passes into the hands of a wholesale distributor governed by the National Liquor Act 59 of 2003.

To handle and move Stella Artois at a commercial scale, the corporate distributor must hold valid registration issued by the Minister. Under Section 7 of Act 59 of 2003, all storage and distribution activities must take place exclusively in and from registered premises. Every consignment note, invoice, and bill of lading carrying the Stella Artois shipments must explicitly reflect the distributor's registered status and official registration number.

Under Section 4 of Act 59 of 2003, the registered distributor is legally authorized to supply Stella Artois to other registered entities or to licensed retail sellers across the nine provinces, ensuring a fully traceable chain of custody

And that brings us perfectly to how it gets into my hands

Chapter 4: The Liquor Store Shelf & Point-of-Sale Protections (Retail Arrival)

The final leg of the journey brings the crate of Stella Artois to the delivery bay of a local retail liquor store.

The retail liquor store must be validly licensed under applicable provincial legislation to purchase liquor from registered distributors and sell it to the public for off-consumption.

Before Stella Artois is placed on display or featured in store marketing, two critical consumer protection mandates under the National Liquor Act 59 of 2003 take effect:

Marketing Compliance: Any promotional material or in-store advertisements featuring Stella Artois must adhere strictly to Section 9, which prohibits false or misleading claims and forbids any marketing aimed at or designed to attract minors.
Minor Protection Protocols: As the customer brings the bottle of Stella Artois to the checkout counter, Section 10 strictly prohibits the sale or supply of liquor to any minor (under 18 years of age). Retail store staff must execute mandatory age verification procedures to confirm the purchaser's age prior to concluding the sale by taking reasonable measures to determine accurately whether someone is actually over 18. Just as a quick side note - this is not happening, not naming names, but this is for sure not happening and talks to the leniency in

Only after passing through every statutory gate—from ingredient composition and import certification to registered warehousing and retail age checks—does the bottle of Stella Artois legally land in the hands of the adult South African consumer.

From the blitz research I conducted in pursuit of putting together these words, I discovered so much, in particular the merger that took place AB InBev and SAB Miller in 2016 which led to Stella being manufactured in South Africa. A brilliant move from the Company AB Bev. The merger would be a nice case on business expansion/scaling, understanding the regulatory requirements and legal process involved in such a major deal and even from a market perspective, understanding how the company used data to establish whether full expanding to South Africa would be a hit.

Disclaimer: The views and analyses expressed on this blog are for informational and educational purposes only. This site serves as a self-guiding diary intended to facilitate my personal understanding of specific subjects and does not serve as an authoritative reference. Information is provided "as is" without any guarantees of completeness or accuracy. Please consult a local, professionally trained individual in the subject matter or you can conduct your own research for any formal inquiries or professional advice. PSA, dont corner an attorney at a Maza or a Braai on a weekend and consult there. Preferably arrange an appointment with the office