Tobacco association demands answers

THE Fair Trade Tobacco Association (Fita) has vowed to resist any attempts by the government to delay the hearing on the legality and rationality of the ban on the sale of cigarettes as the parties square off in the North Gauteng High Court in Pretoria.

Fita wants the court to hear its main court application today in which it argues that the government has failed to provide it with substantial reasons which support its claim that the ban on the sale is one of the remedies to fight Covid-19.

In court papers, Fita chairman Sinenhlanhla Mnguni argues that Regulation 27 of the then level 4 and now level 3 lockdown is “self-evidently irrational”, saying it ignores a significant number of people who have tried to have their views heard.

“The regulation is exacerbating the already trying circumstances of millions of South African citizens who are already emotionally fragile, causing increased stress for them.

“There has been a clear failure to balance the interests of the citizens, who are legally entitled to purchase cigarettes and tobacco products, with measures that may responsibly and legitimately be taken to combat the pandemic,” Mnguni said.

After President Cyril Ramaphosa announced the continued ban on the sale on May 24, Mnguni said: “We were not consulted. There was no engagement with our sector which contributes billions to the economy of the country. After the initial announcement of the lockdown draft regulation which recommended the lifting of the ban, the government invited people to comment on the regulation.

“A total of 2 000 comments were received and they decided to overturn the decision. But they did not bother to consult us before making the recent decision.”

After numerous postponements of their main application, Mnguni is adamant that the court will deal with the issue of the cigarette ban.

He further believes the government is wrong in arguing that smoking was one of the major causes of the increase in Covid-19 cases, including death, saying it was not limited to cigarettes.

“None of the ministers, most importantly the Minister of Health Dr Zweli Mkhize, have demonstrated how a prohibition on the sale of cigarettes assists in preventing or reducing the spread of Covid-19,” Mnguni said.

He said public comments had been limited to the ills of smoking, but none had been adequately linked to the fight against the pandemic.

Mnguni indicated that his legal team would ask what constitutes the specific source of the State’s power to prohibit the sale of cigarettes.

The team was also expected to argue that illicit trade in cigarettes was growing, and apparently causing massive financial losses for their clients.

The government is hoping the court will postpone the hearing to allow it to file its appeal papers against last week’s ruling which declared some of the lockdown level 4 regulations unconstitutional and invalid.

The ruling did not make any determination on the sale of tobacco because of Fita’s case.

Meanwhile, Ramaphosa has not made an undertaking as to when the tobacco ban will be lifted.