Tobacco ban
Government sticks to its guns over reasons for tobacco ban
Government has asked for leave to appeal the Western Cape High Court decision which found that the contentious ban was unconstitutional.
The government took issue with many conclusions reached by the Western Cape High Court when it found its decision to ban the sale of tobacco products unconstitutional. It is seeking relief to approach the Supreme Court of Appeal to contest, among others, that the evidence it relied on was not valid.
The government has on Tuesday filed court papers setting clear its intention to apply for leave to appeal in the Supreme Court of Appeal.
Fita had approached the Supreme Court of Appeal after The High Court in Pretoria dismissed its bid to appeal an earlier ruling that upheld the ban.
Dlamini-Zuma came under heavy criticism in recent months for being the public face and voice of government’s national coronavirus command council.
President Cyril Ramaphosa announced sweeping amendments to lockdown regulations on Saturday night, including a lift on the ban on tobacco and alcohol sales.
It’s been a long journey since the start of the lockdown in March and there are fears some businesses will never recover from the economic fall-out of COVID-19.
The raids in Mbekweni on Tuesday was aimed at clamping down on the illegal trade of illicit goods and drugs.
SAAI's Francois Rossouw said the economic damage for tobacco farmers is immense, as they have no buyers for their product and it's not feasible to rely solely on exports.
With SA the only country to have enforced a ban on the sale of tobacco products to mitigate effects of COVID-19, Fita said it had studied the latest judgment and was adamant that it stood on sound reasonable ground to have the ban overturned.
Some respondents reported prices as high as R300 per pack of 20 or R3,000 per carton of 200 cigarettes.
Fita argued that Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma did not weigh all relevant facts properly when the decision was made to ban the sale of tobacco products.
Gerald Versveld said cigarettes were extremely expensive on the black market with illegal traders asking almost R150 for a packet of 40, but he says he has turned to zolling.
Advocate Marumo Moerane went before the Pretoria High Court on Wednesday to defend government’s decision to ban the sale of cigarettes under level four of the national lockdown.
Hearings in the matter are under way before a full bench of the Pretoria High Court.
South Africa’s lockdown rules started with high legitimacy. But it has been eroded and has now dissolved.
Supporters of the national protest against the tobacco sales ban during lockdown were dispersed by the police at the Union Buildings in Pretoria. Police said protests were not permitted during lockdown. #CoronavirusSA #Lockdown #TobaccoBan
The party said it's entirely unacceptable that there are what describes as wedge drivers who are in service of certain businesses – this is in reference to those who have been opposed to the ban.
Organisations and businesses have turned to the courts to challenge some of government's restrictions and measures during level four of the lockdown.