Smokers may soon be able to have their favourite puff after the Fair Trade Independent Tobacco Association (Fita) was granted an application to appeal the ban on cigarette sales.
The appeal, filed for last week, was granted by the Pretoria High Court, today and will be heard on July 15.
Fita’s argument that tobacco products are addictive and should be declared essential, was found to have no merit and dismissed with costs.
The court of first instance ruled that Fita got it wrong in arguing that cigarettes are a necessity during the lockdown, under the Disaster Management Act
The organisation will now have a chance to convince another court that their stance was correct.
Millions of smokers around the country were left without a lifeline when cigarette sales were haphazardly stopped before the lockdown kicked in March. Alcohol was also banned initially but has since been lifted under level 3 lockdown rules.
Fita also said the ruling was riddled with legal and factual errors stating the ban is neither rational nor necessary in the fight against C0VID-19 infections and death. South Africa is currently the only country, with a ban on cigarette sales, in the world.
