High court grants Dlamini-Zuma leave to appeal adverse ruling on tobacco ban
1 Mar 2021
The high court in Cape Town on Monday granted Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma leave to appeal its December ruling that found the five-month ban on tobacco sales the state imposed last year unconstitutional and invalid. (Waldo Swiegers/Bloomberg via Getty Images)
The high court in Cape Town on Monday granted Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma leave to appeal its December ruling that found the five-month ban on tobacco sales the state imposed last year unconstitutional and invalid.
The decision came as little surprise after Judge Tandazwa Ndita two weeks ago told legal counsel for the minister and British American Tobacco SA (Batsa), which mounted the successful but eventually moot challenge, that there was prima facie reason to allow the matter to proceed to the supreme court of appeal.
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On 18 December 2020, the North West High Court declared that the Kgetlengrivier Local Municipality was in breach of its constitutional obligations and that it had failed to supply potable water to the residents of Koster and Swartruggens. Further, the court found that its wastewater treatment works were mismanaged and in a state of disrepair.
In his interim order, Judge Festus Gura sentenced the municipal manager to 90 days imprisonment, suspended, and agreed to allow the residents’ association, Kgetlengrivier Concerned Citizens, to take control of the waterworks, paid for by local and provincial government. He gave the municipality until 1 March 2021 to demonstrate why this interim order should not be made final.
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