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By Sihle Mavuso 
2h ago
Durban: One of the associations that fought to ban the sale of cigarettes was dealt the first blow to President Cyril Ramaphosa and the Minister of Cooperative Governance and Traditional Affairs, Dr. Nkosana Dlamini Zuma, during the closure of Covid-19.
The Independent Fair Trade Tobacco Association (FITA) announced Monday that it would take the government to court.
The association argued that Dlamini Zuma is not legally allowed to ban the sale of cigarettes during Level 4 of the blockade.
FITA is comprised of six companies, including Gold Leaf Tobacco Corporation, Home of Cut Rag, Folha Manufactures, Best Tobacco Company, Afroberg Tobacco Manufacturing, and Carnilinx.
On Monday, FITA submitted documents to the government in the Northern Superior Court of Gauteng in Pretoria to challenge the decision to continue the ban on the sale of cigarettes and tobacco products during Level 4 closure. The urgent request was filed against Ramaphosa and Dlamini Zuma.
The association’s decision was somewhat surprising as the country expected British American Tobacco (BAT) to be the first to drag Dlamini Zuma to court, after launching a threat last week.
FITA President Sinenhlanhla Mnguni said the decision to go to court was not made lightly.
“We rely on a number of legal principles to challenge this ban, which we believe is not legal in the sense that the legislation governing the closing period does not allow the government to take that action.”
“Now that would be left to the legal representatives to present a case in regards to this. We are simply exercising our constitutional right as law-abiding citizens, we respect the rule of law, ”said Mnguni.
Cogta spokeswoman Lungi Mtshali did not respond when asked, among other questions, whether they would oppose the legal action or not.
The Presidency has not indicated whether it will oppose the request or not.
BAT did not respond when asked if they would follow through on their threat and bring the government to trial for the ban.
On the other side of the battle, various civil society organizations joined the fray and welcomed the government’s decision to uphold the ban on tobacco sales, and agreed that tobacco use may worsen Covid’s progression. 19.
In a joint statement, organizations including the South African Heart and Stroke Foundation said that banning tobacco sales will reduce tobacco use, thereby reducing the burden of serious Covid-19 cases on the health system.
“This government decision will help reduce the impact of the pandemic by reducing the severity of the disease in smokers who get Covid-19. This decision will also reduce demand on the health system by reducing the number of serious Covid-19 cases it has to deal with, “they said in the joint statement.
Using his weekly bulletin, Ramaphosa on Monday refuted the claim that Dlamini Zuma acted as a de facto prime minister and struck him down after he initially told the country that Level 4, which went into effect on May 1, would see the ban on the sale of cigarettes. .
He said there had been substantial public comment on the government’s decision to extend the ban on the sale of tobacco products to Level 4. He said a decision like this was expected to be controversial, but it is incorrect to suggest that it exists are ministers or a president. doing and saying what they want on this matter.
“This was based on the opinion of the National Coronavirus Command Council, and that it was contained in the draft framework that was published for consultation.
“After careful consideration and discussion, the council reconsidered its position on tobacco. As a result, regulations ratified by the Cabinet and announced by Minister Nkosazana Dlamini Zuma on April 29 extended the ban. This was a collective decision and the public statements by me and the minister were made in the name of, and the (collective) mandate that I lead, ”said the president.
He emphasized that every regulation the government has established has been carefully considered.
Political Bureau
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