Johannesburg - The North Gauteng High Court in Pretoria will today hear the much-awaited court action by the Fair Trade Tobacco Association (Fita) challenging the legality of the continued ban of the sale of tobacco products during the national lockdown.
The case is expected to be heard by a full bench of the High Court. The case has been brought by Fita which seeks to have the ban on tobacco sales declared irrational and unlawful.
The sale of tobacco has been banned since the beginning of the national lockdown at the end of March. When the country moved from level 4, President Cyril Ramaphosa had announced that cigarettes would be sold. The decision was later reversed and announced by Cooperative Governance Minister Nkosazana Dlamini Zuma. The minister cited that the government had received 2000 petitions calling for the ban of tobacco to continue under level 4.
Fita filed court papers immediately in May following the decision.
The ban was continued under level 3 with the government citing scientific reasons for the continued ban. Fita later amended its court action saying they were also challenging the continued ban of tobacco products under level 3.
Fita to oppose attempts to postpone court hearing about lifting cigarette sales ban
Gloves are off as British American Tobacco SA goes to court over cigarette ban
Tobacco sales debate set for court
Fire Dlamini Zuma if she lied about support for tobacco ban, says DA's Steenhuisen
BATSA to challenge lockdown tobacco sales ban in court
Dlamini Zuma insists on tobacco ban, denies friendship with Mazzotti
Tobacco industry guns for Ramaphosa in court
Jessie Duarte defends Minister Nkosazana Dlamini Zuma amid public criticism
Fight for sale of tobacco products in SA continues
Fita seeks minutes of meeting where decision was taken to continue cigarette sale ban
Legal showdown between government and Fita put on hold for now
Tobacco association fears industry might collapse as sales ban sees boom in illegal cigarette trade
BAT no longer going to court over cigarette sale ban
FITA says tobacco ban is increasing illicit trade of cigarettes
Tobacco big guns on fire as they prepare to take on government after cigarette sales U-turn
Fita challenges flip-flop on ban of cigarettes
Fire rages over tobacco ban during lockdown
Covid-19 cigarette sales: Tobacco association is taking govt to court
Tobacco big guns on fire over cigarette ban
Tobacco industry welcomes end to cigarette sales ban
'Indefinite continuation of booze, cigarettes ban will likely destroy lives'
Fita's case will be heard over two days, on Tuesday and Wednesday.
The court application has been marred by controversy with reports that the state attorney on the matter has twice requested that the court case be postponed as Dlamini Zuma needed more time to incorporate evidence of why the continued ban of tobacco was for public health purposes.
In their court papers, Fita chairman Sinenhlanhla Mnguni argues Regulation 27 of the then Level 4 and now Level 3 was ‘self-evidently irrational” saying it ignored a significant number of people who have tried to have their views heard on the ban.
“The regulation is exacerbating the already trying circumstances of millions of South African citizens who are already emotionally fragile and causing increased stress for them, Mnguni argues.
The government also faces another court case from tobacco giant British American Tobacco. BAT had last week filed papers at the Western Cape High Court seeking to have the ban of sales of tobacco lifted.
IOL
* For the latest on the Covid-19 outbreak, visit IOL's special #Coronavirus page.
** If you think you have been exposed to the Covid-19 virus, please call the 24-hour hotline on 0800 029 999 or visit sacoronavirus.co.za