Firm disputes ciggie ban

DEMAND: RESTRICTION ON SALES MUST BE RESCINDED BY MONDAY TO AVOID LEGAL ACTION

In about-turn on Wednesday, minister says restriction will remain in place.

British American Tobacco (BAT) South Africa has demanded that Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma amend regulations prohibiting the sale of tobacco products by Monday.

If the regulations are not rescinded, they will head to court.

This is according to a letter from law firm Webber Wentzel, on behalf of BAT, dated 30 April.

President Cyril Ramaphosa announced a new five-level riskbased approach to the lockdown last Thursday and explicitly stated that the sale of cigarettes would be allowed under Level 4 regulations, which took effect yesterday.

But, in an about-turn on Wednesday, Dlamini-Zuma announced that the ban on the sale of tobacco products and cigarettes would remain in place.

Dlamini-Zuma said this was done because 2 000 out of the 70 000 submissions on the regulations which they received from the public, requested the continued ban on tobacco products sales.

“Our client has been severely prejudiced by the prohibition on the sale of tobacco and vaping products. This prejudice has been significantly enhanced by the complete about-turn made by you regarding the lifting of the prohibition,” read the letter.

If it doesn’t receive confirmation from Dlamini-Zuma that the regulation will be reversed by 10am on Monday, BAT will lodge an urgent court application to review and set aside the regulation on the grounds that it is unlawful and irregular.

It claims the regulation was made without authority (ultra vires), was unreasonable, was included for an ulterior purpose and was reintroduced without a procedurally fair process.

“Having been prohibited from selling tobacco products and vaping products from the commencement of the lockdown, our client commenced preparing for the upliftment of the prohibition. In a very short period of time, over 10 000 orders were received from retailers wishing to sell tobacco products.

“The upliftment of the prohibition was celebrated not only by our client, but by retailers and consumers throughout the country,” the letter said.

– News24 Wire

Picture: AFP A customer prepares to purchase a book at Magic Tree Books, an independent book shop, in Pretoria yesterday as a start to the easing of the coronavirus lockdown restrictions.