Johannesburg - The Fair Trade Independent Tobacco Association (Fita) is confident that its legal team has convinced the North Gauteng High Court that the government's tobacco sales ban is unlawful and irrational.
The future of the ban is still being deliberated by the court, and there is no expected date when judgment will be handed down.
“Without trying to pre-empt the outcome of the court proceedings of June 10, we are very confident of a favourable outcome, particularly following the strong case we put forward in court when oral arguments were heard by the full bench of the High Court,” said Fita chairperson Sinenhlanhla Mnguni.
South Africans were glued to their screens on Wednesday night as President Cyril Ramaphosa addressed the nation on Covid-19 and the national lockdown.
While hairdressers, beauty salons, hotels, cinemas and even casinos were given the go-ahead to reopen under lockdown level 3, smokers still await clarity on the hotly debated tobacco ban.
“When the judges comprising the full bench reserved judgment in this matter, they stated that they are aware that the matter is urgent in nature and they would, therefore, expedite the process of finalising the judgment,” said Mnguni.
“No fixed date was given in this regard. However, consideration needs to be given to inter alia the fact that the record in this matter is voluminous.”
While Fita says it is well aware of the frustrations of millions of smokers in the country, it has pleaded for patience. It has received death threats because of the delay in judgement.
“A coward contacted our office telephonically via a private number, and threatened to “come and f**k up our office administrator” due to the delay in the handing down of the cigarette ban judgment, which we are following upon, but is completely out of our hands,” said Mnguni.
“Now we have a situation where a young lady is afraid to come to work because of these threats. We take threats of this nature very seriously, and we will be lodging the necessary complaints with police.”
Since lockdown was initiated on March 26, Cooperative Governance Minister, Nkosazana Dlamini Zuma has remained resolute in maintaining the government's prohibition of tobacco products. The tobacco ban is estimated to have cost government in excess of R6 billion.
“Minister of Finance Tito Mboweni and Sars commissioner Edward Kieswetter have both come out saying they are not in support of the ban,” said Mnguni. “The country is losing billions which it desperately needs as a result of the ban. The livelihoods of the thousands who are employed across the value chain are at stake as a result of the ban.
“Valuable resources are also being used to police ordinarily law abiding citizens who have now been reduced to criminals as a result of the ban, with an abnormally high percentage of cases currently in the criminal justice system currently related to the illegal sale of cigarettes.”
While Fita has argued that the ban has not been based on logic and would not withstand the test of rationality before the judicial system, Dlamini Zuma countered with evidence provided by medical researchers that smokers are more likely to suffer severe coronavirus symptoms and, as such, would place an excessive burden on the country's healthcare system.
Mnguni said there isn't any scientific evidence to support a tobacco ban.
“The continued ban of the sale of cigarettes under regulations 27 and 45 of levels 4 and 3 of the lockdown regulations is irrational, and there is no rational basis for such a ban, particularly when one has regard to the scientific evidence government alleges it relied upon to enact the ban.”
Mnguni says there is medical evidence to support the damaging effects the cigarette ban has had on smokers.
“The ban continues to have psychological, physical, and emotional effects on smokers as a result of the addictive nature of nicotine and they are now being forced to go “cold turkey”, with many medical experts terming this ban a cruel ban.”
Tax Justice South Africa say they too are confident that the ban on cigarettes will be lifted soon. “The ban is costing SA big money. Billions have been lost because of the ban on cigarettes which means criminals have made much more,” said founder Yusuf Abramjee.
The Department of Co-operative Governance and Traditional Affairs did not respond to queries this week.
Saturday Star