Tobacco ban appeal to be heard

THE Gauteng High Court, Pretoria, yesterday said it would hear the Fair Trade Independent Tobacco Association’s (Fita) application for leave to appeal against the dismissal of its challenge to South Africa’s ongoing ban on cigarette sales next week.

The matter has been set down for July 15, the organisation’s chairperson, Sinenhlanhla Mnguni, said.

On June 26, a full bench of the high court dismissed with costs the challenge against the ban, which was extended indefinitely by Co-operative Governance and Traditional Affairs Ministe,r Dr Nkosazana Dlamini Zuma, in April.

The applicant asked for urgent leave to appeal directly to the Supreme Court of Appeal and is challenging the ruling in full, including the cost order.

It believes that the court erred in its interpretation of the threshold of necessity in the Disaster Management Act in terms of which the government declared a State of Disaster in response to the Covid-19 pandemic.

It should, the association said in application papers, have found the test was whether something was “absolutely necessary”.

It said the court also erred in its application of the rationality test, which goes towards whether imposing a ban on cigarette sales was rationally linked to the purpose for which the government promulgated regulations in terms of Section 27 of the Act.

The court said it had been satisfied with Dlamini Zuma’s reasoning for prohibiting the sale of tobacco products.

“The question before the court is rather, having regard to the evidence considered and relied on by the minister, could it be said that there is enough to conclude that the prohibition placed on the sale of tobacco products is justified? In our view, the answer is clearly in the affirmative.”

The ban is also being challenged by British American Tobacco SA. Their case will be heard early next month.