Johannesburg – The cigarette ban, found to be unconstitutional by the High Court in December, will be appealed by government.
Tobacco was banned by government in March last year when lockdown, level 5 was introduced to the country as a result of the coronavirus pandemic.
The application was brought by BATSA (British American Tobacco) and others last year and the case was heard in August, with judgement made in December.
The judgement found that Regulation 45 could not stand up to constitutional scrutiny, was unnecessary and would serve the objections set out in Section 27 of the Disaster Management Act.
It also found that smokers right to human dignity was limited as millions of smokers were denied the choice of buying tobacco and whether to consume such products.
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During the ban, illicit trade of cigarettes, of inferior quality boomed at exorbitant prices. Various surveys proved that not many smokers had quit as a result of the ban.
Cigarette sales were only allowed again in August 2020, when level 2 was announced.
Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma and President Cyril Ramaphosa have now taken the matter to the Supreme Court of Appeal to appeal the decision.
The Fair Trade Independent Tobacco Association (FITA) said that that this step by government is worrisome in that it signals the potential arrival of yet another cigarette sales ban given that the pending appeal will suspend the operation of the WC High Court judgment until this matter is properly ventilated before the courts.
@fita_sa Press Statement 5 January 2020. pic.twitter.com/dulLnRw6cy
— FITA (@fita_sa) January 5, 2021
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