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In her affidavits on the matter, Cogta Minister Nkosazana Dlamini-Zuma said the Independent Fair Trade Tobacco Association (Fita) had not presented a case on why it should be aware of the details of the decisions of the command council.
Cooperative Governance Minister Nkosazana Dlamini-Zuma. Image: @ NationalCoGTA / Twitter
JOHANNESBURG – Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma said she was prepared to defend the government’s decision to ban the sale of cigarettes.
This after the Independent Fair Trade Tobacco Association (Fita) abandoned part of its judicial request to seek clarity on the manufacture of tobacco products and for the State to deliver minutes and records of command council meetings.
In his affidavits on the matter, Dlamini-Zuma said the association had not filed a case on why it should be aware of the details.
The association wants the government’s decision to ban the sale of cigarettes reversed.
In her affidavit to the first relief requested by Fita in her court application, Minister Dlamini-Zuma held onto her arms over the command council’s authority to draft and implement regulations governing the blockade.
She further defended the command council, saying it was a cabinet structure.
This means that Fita’s request to receive the minutes of the council meetings when the decision on the sale of cigarettes was made is now void, as the minutes of the cabinet are privileged.
However, the council agrees to provide a record of the decision to enact Section 27 of the National Disaster State Law.
Dlamini-Zuma also revealed that President Cyril Ramaphosa’s now reversed statement that cigarette sales would be allowed was based on the opinion of the national council at that particular time.
However, after South Africans provided input on the risk-adjusted strategy, cigarettes were left off the list of essential and allowed products.
Furthermore, he stated that the decision was made after careful consideration supported by the public presentations received and the medical literature.
In Part B of the application, Fita wants, among others, an order declaring that cigarettes and tobacco products are “essential goods”.
The matter is likely to be heard next month.
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