The Fair-Trade Independent Tobacco Association (Fita) has on Monday launched an urgent court application against the government’s decision to ban the sale of cigarettes during the COVID-19 lockdown.
The organisation exists to protect and further establish the business, legislative and constitutional interests and rights of its members and the tobacco industry by lobbying among other methods.
It argues that the president and minister of cooperative governance and traditional affairs acted unconstitutionally in declaring that tobacco products cannot be sold as part of the restrictions.
Fita’s application, which is split into two parts, seeks in Part A to discover what informed the government’s decision to exclude tobacco products as essential goods – ordering to be furnished with minutes and records of the meetings of the national command council.
These would be meetings where a “vote was taken” to promulgate the regulations published in the government gazette on 25 March when the lockdown commenced initially and for the minutes of the meeting which informed the president’s announcement that the sale of cigarettes would be permitted – only to be later withdrawn.
Fita gave government until 19 May to turn over the minutes and records.
However, at the crux of the application as contained in the affidavit by Fita chairperson Sinenhlanhla Mnguni – is an argument that said the “sudden and ill considered” ban on the sale of legal tobacco products had a serious health and welfare impact on millions of South Africans.
The belief, backed by medical specialists in the application, contrasts that of the World Health Organisation, which has warned that smokers are vulnerable to COVID-19.
He also describes as enormous the negative commercial impact the regulation has on manufacturers and retailers of tobacco products, adding that they have a right to pursue their business.
So far, the economy has lost over R1 billion in revenue due to the ban on the sale of the products.
More Stories
Cost Being Reviewed, Not The Concept – Gungubele
SCA Dismisses Zuma ‘Special’ Application
Cosatu Calls For Government To Extend Fuel Levy Reduction
NICD Reports 3 801 New COVID-19 Cases
Zuma Medical Parole Appeal To Be Heard In August
Saftu Warns That SA On A Fast March To Becoming A Failed State
Ramaphosa Reiterates Importance Of African Unity
NICD Reports 5 284 New COVID-19 Cases In SA
Five VBS-linked Suspects Appear In Orkney Magistrate’s Court
Green Energy To Form Key Part Of SA-Germany Partnership
Umdloti Residents Protest Against Property Developers
NICD Reports 4 227 New COVID-19 Cases In SA