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This could be a rough week for Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma and President Cyril Ramaphosa.

After months of back and forth between government, the tobacco industry, and ordinary South Africans, the issue of the tobacco sales ban is set to be challenged tomorrow, in a case between government and the Fair Trade Independent Tobacco Association (FITA).

The case will be heard by a full bench at the Pretoria High Court.

This is just one of the many cases that have been brought against government since the start of the lockdown, but is arguably one of the most hotly anticipated.

In a series of tweets and statements over the past few weeks, FITA has outlined some of the arguments that it will be making in court tomorrow.

Dlamini-Zuma was also forced to release the reasons that led to the decision to extend the ban to alert level 4, many of which seem to have little to do with COVID-19.

Here’s more from FITA, per TimesLIVE:

Fita said Dlamini-Zuma, who is opposing Fita’s application, had failed to provide any “intelligible basis” for the government’s U-turn regarding the ban.

Fita said Dlamini-Zuma had described the public announcement by Ramaphosa as a mere “proposal”.

“To describe the announcement as ‘proposals’ is preposterous. Throughout the lockdown, when Ramaphosa has spoken, South Africans have listened intently,” Fita chairperson Sinenhlanhla Mnguni said in the affidavit.

Also under scrutiny is Dlamini-Zuma’s assertion that up until the moment of publishing the regulation banning the sale of tobacco products, the process was “simply one of consultation”.

“How can the public possibly be expected to believe this? If so, this would seriously undermine confidence in [Ramaphosa] himself.”

Mnguni said the overwhelming probability was that Ramaphosa would not have made the announcement without Dlamini-Zuma’s prior knowledge and concurrence.

“Nor is it likely that he would have made the announcement without the relevant ministers and advisory committee supporting this.”

This is and was troubling for obvious reasons. The thought of anyone other than the president taking charge is a terrifying prospect, especially now.

While we’re on the topic of the president, BusinessTech reports that when asked about the ban and when we could expect to see it lifted, Ramaphosa said this:

“At this stage, it is difficult to determine when the ban on the sale of tobacco and related products will be lifted,” he said.

“This will depend on such factors as the progression of the disease in South Africa, the readiness of our health systems and evolving knowledge on the nature and impact of the virus itself.”

He goes on to espouse the usual platitudes – the decision wasn’t taken lightly; it was made after careful consultation; science was consulted; we must all make sacrifices, and so on.

Meanwhile, FITA is gearing up for a battle.

The latest from them on Twitter:

Go get ’em.

I’ll be cheering from the sidelines.

[source:timeslive&businesstech]