The cigarette ban may have ended last August, but Nkosazana Dlamini-Zuma is refusing to ease up in her battle against the courts. The COGTA Minister is challenging a decision handed down in the Western Cape, which essentially invalidated a ban on tobacco sales and prevented the government from automatically instituting another one.
Who has the power to announce a cigarette ban?
The Fair-Trade Independent Tobacco Association (FITA) brought legal cases against Dlamini-Zuma, and after a few setbacks, they were able to secure a ruling in their favour. As it stands, the government cannot announce a cigarette ban as a mitigation measure for COVID-19, unless it is fully approved by the judiciary first.
British American Tobacco says it is not surprised that government has been granted leave to appeal a court ruling that the lockdown ban on tobacco sales was not necessary. Picture: iStock/ Zhang Rong
British American Tobacco SA is confident that the Supreme Court of Appeal will uphold a Western Cape High Court decision in its favour.
The case related to the necessity of last year s lockdown bans on the sale of tobacco products.
Government claimed it was necessary in order to prevent an even greater demand for ICU beds during the pandemic.
British American Tobacco SA (BATSA) is disappointed, but not surprised , that Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma has been granted leave to appeal the Western Cape High Court s ruling that the lockdown ban on tobacco sales was unconstitutional and invalid.
Tobacco industry wants inquiry into illegal cigarette trade jacarandafm.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jacarandafm.com Daily Mail and Mail on Sunday newspapers.
But on Monday BATSA responded by pointing fingers right back at FITA and SATO.
In a statement, FITA said it would welcome an inquiry, adding that this was likely the best mechanism to find the real traders of illegal cigarettes. The tobacco giant said cigarette brands of FITA and SATO members, including Remington Gold, were, by far, the most likely to be found on sale illegally in the country , since the lockdown paved a way for criminal cartels to ruthlessly exploit the country’s tobacco sales ban. The FITA/SATO coalition say they want an investigation. So, let’s have one, said BATSA General Manager Johnny Moloto in a statement.
GCIS
The Minister of Cooperative Governance and Traditional Affairs (COGTA) Nkosazana Dlamini Zuma has been granted leave to appeal the Western Cape High Court s ruling that said her decision to ban the sale of tobacco for five months during the hard lockdown was unnecessary and unconstitutional, the Mail & Guardian reported on Monday.
The ban was put in place to curb the spread of the Covid-19 and thus reduce the occupation of intensive care unit (ICU) beds by smokers. The government argued then that smoking increased the risk of getting Covid-19 in a more severe form.
Although the ban was lifted months ago, it seems that the legal tussle around it cannot be put to bed.