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- The Western Cape High Court found that the ban on the sale of tobacco during South Africa’s harsh blockade could not withstand constitutional scrutiny.
- Up to level 2, the sale of tobacco products was prohibited, except for export.
- The FITA statement comes ahead of President Cyril Ramaphosa’s speech to the nation that will take place on Monday night.
Industry body Fair-Trade Independent Tobacco Association on Monday praised the Western Cape Superior Court’s finding that a ban on trade in tobacco products during the strict lockdown, with the aim of curbing the spread of Covid-19, was unnecessary.
Until the level 2 sales ban was lifted, the blocking regulations stipulated that “the sale of tobacco, tobacco products, e-cigarettes and related products is prohibited except for export.” The tobacco industry was allowed to reel under months of restrictions on the trade of its products.
The Western Cape High Court ruled on Friday that Regulation 45, in which the Minister of Cooperative Governance and Traditional Affairs (Cogta), Nkosazana Dlamini-Zuma, backed to enforce the ban, could not withstand constitutional scrutiny, was unnecessary and it would not meet the established objectives. in Section 27 of the Disaster Management Act. This was after British American Tobacco SA and other members of the industry took the minister to court earlier in the year.
The court decision and the FITA statement come ahead of President Cyril Ramaphosa’s speech to the nation on Monday night.
FITA said it would study the Western Cape Superior Court ruling in the coming days.
“This (court ruling on regulations) was, of course, one of the arguments put forward by FITA in its challenge to the ban on the sale of cigarettes and tobacco-related products, which the entire North Gauteng Superior Court court he was wrong to find it necessary, “the statement said.
The FITA statement said tax and law compliant tobacco producers were willing to help the government combat the rise in illicit tobacco products that invaded the market when legal cigarettes and tobacco products were banned. during full shutdown.
Tutwa Consulting Senior Associate Azwimpheleli Langalanga said The sectors most affected by the initial blockade, such as the hospitality industry, will suffer from the limitations on travel and the limitations on the movement of people imposed in the December period.
Langalanga said that South Africa could not afford to chain the economy and that the government should focus on making citizens understand that the virus is here to stay for a long time while the economy gets back on track.
