Tobacco sales 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.
Tobacco sales reopened on Tuesday for the first time since the COVID-19 lockdown was introduced in March. It led to growth in the sale of illicit brands on the black market, but today, store shelves have been restocked and some shops have sold out due to the demand.
The bans were lifted after lockdown regulations were amended to reopen the economy as the COVID-19 infection rate dropped.
The move to level 2 would see the ban on booze lifted again and the highly anticipated return of cigarettes sales.
The reports cited unnamed sources and suggested South Africa could move to level 2 of the COVID-19 lockdown.
This week, Batsa took government to court arguing that the prohibition infringed on rights and harmed the economy through a loss of tax revenue.
Health Minister Zweli Mkhize said that while pressure on hospitals had been reduced and the recovery rate was now above 70%, more work still needed to be done before alcohol and cigarette sales were allowed again.
She said the minister believes that while tobacco use may not increase the risk of contracting COVID-19, it could result in a more severe form of the disease.
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.
The legal wrangling has been ongoing for months now, with Fita dealt another blow after the High Court in Pretoria dismissed its bid to appeal a previous ruling.
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 leave to appeal case was heard on Wednesday following the dismissal of Fita’s application seeking to force government to reinstate the sale of the products during the lockdown.
Advocate Arnold Subel, representing Fita, argued that it was in the best interest of the public and of the law to have the conclusion of the Pretoria High Court tested elsewhere.
The Fair-Trade Independent Tobacco Association (Fita) is asking the Pretoria High Court to grant it leave to appeal the dismissal of its case against government’s decision to prohibit the sale tobacco products during the lockdown.
Last month, Fita lost its application to the court, which argued that tobacco products should be considered essential goods.
Fita and other tobacco associations are against governments ban on the sale of tobacco sales as part of its fight against the spread of COVID-19.
Government has continuously opposed the sale of cigarettes during the COVID-19 pandemic outbreak.
Fita filed an application for leave to appeal a high court ruling dismissing its bid to overturn the tobacco sales ban under lockdown.
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.