British American Tobacco South Africa (Batsa) said that it was disappointed but not surprised that government had been granted leave to appeal a ruling that the lockdown ban on tobacco sales was unconstitutional and invalid.
British American Tobacco South Africa's Johnny Moloto said that the alarming increase in criminals targeting their products should be of major concern for authorities.
This week, Batsa took government to court arguing that the prohibition infringed on rights and harmed the economy through a loss of tax revenue.
Advocate Karrisha Pillay, representing Co-operative Governance Minister Nkosazana Dlamini-Zuma, on Thursday quoted a number of studies and research done that showed smokers were at higher risk of contracting severe respiratory diseases.
BLSA’s Tebele Luthuli said in order to save the country's battered economy, government needs to get every cent it can from tax revenue.
British American Tobacco South Africa (Batsa) lawyer Alfred Cockrell said that the key argument in the matter was that the ban violated the rights of consumers, including, the right to dignity, privacy and to bodily and psychological integrity.
It said that the ban had cost state over R4 billion in excise tax losses, with 30,000 jobs lost in the industry since the lockdown came into effect.
The High Court in Pretoria last month dismissed Fita’s application to overturn the ban on cigarette sales, saying that the organistion’s argument had no merits, among other things.
Government has replied to Batsa's latest claims, saying that a new date for the matter was issued by the office of the Judge President directing that it should be heard after 4 August.
It has now been confirmed that the Pretoria High Court will hear the BAT challenge on the ban on tobacco products sales on 5 and 6 August.
The firm said instead of going to the courts, it had decided to pursue further discussions with government on the regulations under the COVID-19 lockdown.
CoGTA Minister Nkosazana Dlamini-Zuma backtracked on the decision to allow the purchase of the products under level 4 lockdown regulations.
BATSA has demanded that CoGTA Minister Nkosazana Dlamini-Zuma amend regulations prohibiting the sale of cigarettes and tobacco goods by Monday.
In a statement BAT-SA said the temporary ban will unintentionally force 11 million smokers to go outside of their neighbourhood in search of outlets willing to defy the regulations.
