Dlamini-Zuma ‘cherry-picked’ studies to back no tobacco sales
The Fair Trade Independent Tobacco Association (Fita) has accused Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma of “cherry-picking” research and public submissions to support government’s decision to ban tobacco sales during lockdown.
On Friday, Fita filed new papers in the High Court in Pretoria in response to the record of decision and reasons government and Dlamini-Zuma last week provided for the ban. This is part of the association’s urgent challenge to the ban.
Fita chairman Sinenhlanhla Mnguni said in the papers that the record and reasons demonstrated “a lack of proper or rational consideration in relation to the decision under review”. It appeared that Dlamini-Zuma had “simply had regard to a variety of representations of questionable scientific stature”.
He added: “These unsatisfactory so-called (and clearly uninformed) representations appear nonetheless to have persuaded her to adopt the inexplicable about-turn.”
Dlamini-Zuma had pointed to research which she said showed “the use of tobacco products not only increases the risk of transmission of Covid-19, but also the risk of contracting a more severe form of the disease”.
But Mnguni said the minister had not considered “a considerable body of medical literature that either concludes there is no evidence of a link between tobacco consumption and Covid-19 or there is an inverse link”.
“Much of the ‘cherry-picked’ medical literature relied upon by [Dlamini-Zuma] has not been properly considered, alternatively certain aspects of it have been concealed from view.”
Mnguni also zoned in on the minister’s widely publicised claim that government had received some 2 000 public submissions against lifting the ban. He said that of the submissions provided as part of the record, only 632 related to the ban – and 36.5% were in favour of lifting it.
“[Dlamini-Zuma] ‘cherry-picked’ the submissions which support the cigarette ban without so much as an acknowledgement of any contrary submissions,” he said.
Mnguni also argued that the number of submissions in support of lifting the ban would have been “far higher” had President Cyril Ramaphosa not announced it was being lifted before calling for submissions.
“Considering the circumstances, the estimated 36.5% of the submissions relating to the ban on the sale of tobacco and related products, in favour of the lifting of the cigarette ban, is staggeringly high,” he said.
Mnguni cited the lifting of the ban on alcohol sales and the reopening of places of worship under lockdown Level 3.
“The rationality of this latter relaxation has come in for serious public criticism. The clear risks attached to association of persons can never be less than the unproven and at best notional risk attached to smoking.”