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The Fair-Trade Independent Tobacco Association (Fita) have said that the decision to ban cigarette sales during the nationwide lockdown is “unconstitutional”.
Having submitted an urgent court application to see the decision reversed, the organization has stated in court papers that they seek urgent clarification on government’s decision-making process, as well as positing a stance that the ban has had a negative effect on the health of South Africans, contrary to views expressed by the World Health Organization on Monday 4 May.
Failure to balance civil liberty
Fita Chairperson Sinenhlanhla Mnguni said that the restrictions demonstrate a failure to balance legislation with civil liberty.
“There has been a clear failure to balance the interests of citizens who are legally entitled to purchase tobacco products with the measures that may responsibly and legitimately be taken to combat the epidemic,” he said.
“Many of the efforts are commendable, but in the midst of a pandemic, we cannot allow for constitutional prescripts to be violated. A loss of confidence in respect of some of the regulations has the knock-on effect of a loss of confidence in the regulations as a whole. ”
He said that while it is common knowledge that smoking has a negative effect on one’s health, there is a plethoras of other conditions that are drastically exacerbated by products that are still readily available and deemed essential.
“Any food or substance that is deleterious to health would also fall into the category of what is harmful to health. If health was truly a factor, why has there been no prohibition on non-essential and unhealthy foods such as junk food, chocolates, fizzy drinks and sweets? ”
“Health Minister Zweli Mkhize is on record as saying that underlying illnesses such as diabetes, hypertension and chronic renal disease have been the pattern for most deaths.”
The application also contains medically-substantiated suggestions that the ban itself has had a dire impact on the health and welfare of South Africans.
Hopes went up in smoke
Fita is asking the government to provided minutes from the meeting in which the ban was deemed suitable to be maintained, and have given them until 19 May to file them for the perusal organizations.
Mnguni said that the U-turn performed by government meant that the court application that was previously dropped would need to be re-filed.
South Africans had a legitimate expectation that the ban on cigarettes would be uplifted. Manufacturers and individual smokers were delighted by the announcement and began planning accordingly. ”
“This had the effect that there was no need to make representations regarding the sale and unbanning of cigarettes after all this had been dealt with by the president in his announcement,” said Mnguni.
They have ultimately launched the court bid to see the ban lifted by the end of May.
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