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Things have escalated since the announcement by Cooperative Governance Minister Nkosazana Dlamini-Zuma, backtracking on President Ramaphosa’s initial statement that the sale of tobacco products would be permitted under alert level 4.

British American Tobacco South Africa (BATSA) had initially put their court proceedings on hold, and The Fair Trade Independent Tobacco Association (FITA) backed down.

While BATSA has decided not to pursue legal action, FITA is back with a vengeance in court to challenge the government on their reasoning behind the ban.

This isn’t the first time concerns over the ban have been raised, with Woodlands having spoken out already.

FITA has outlined its reasons for taking the legal route in a letter to the president, which TimesLIVE has summarised into four main points.

There is no evidence to support the link between COVID-19 and cigarettes

Near empty emergency rooms and a decline in alcohol-related incidents have provided clear evidence that the ban on alcohol has been effective in the fight to curb the spread of the coronavirus.

However, FITA argues that there is no definitive scientific proof that banning smoking has had the same effect. The organisation pointed out that the comments made by Dlamini-Zuma in support of the ban were limited to the general ills of smoking and not specifically to the coronavirus.

No ban on junk food

The government has taken the stance that smoking leads to poor health which could, in turn, exacerbate the symptoms of COVID-19.

This reasoning could be applied to a number of items such as foods high in sugar, junk food, and fizzy drinks.

“Zwelini Mkhize has been quoted as saying underlying illnesses such as diabetes, hypertension and chronic renal diseases have been a pattern for most deaths that have been seen. Many of these illnesses are associated with the consumption of [unhealthy foods], yet dealing in them has not been prohibited,” argues FITA.

All of these foods and drinks could also be shared in a way that could spread the virus.

Smokers were denied to opportunity to have their say

Smokers were under the impression that there was no need to write in to government when the new alert level 4 rules were announced, and therefore didn’t have a say in the reinstitution of the ban.

“The second respondent [Dlamini-Zuma] is reported to have placed significant emphasis on approximately 2,000 complaints received from members of the public, pursuant to the first respondent’s address to the entire nation. This can hardly be a basis to promulgate regulation 27 having regard to section 27(2) of the enabling act.”

FITA will be drawing on a petition that has been doing the rounds, which at the time of writing, boasts more than half a million signatories in favour of lifting of the ban.

Ramaphosa’s announcement unbanning the sale of tobacco products

FITA claims that the president’s announcement that tobacco sales would resume was made without “proper consultation”. As a result, manufacturers were led to believe that they could resume operations, while smokers believed that they would be able to purchase cigarettes, and thus those who were pro-tobacco were denied the chance to have their say.

Since the revived ban on tobacco went into effect, Dlamini-Zuma has been accused of using it for her own ends and to the benefit of illegal tobacco smuggling.

The president has also come forward to announce his support for the National Command Council’s decision. 

Speaking in KwaZulu-Natal on Tuesday, Jacaranda FM reports that he reinforced his position, saying that the decision was made in consultation with the public, calling the legal action a “bruhaha” that “should not be there because none of us is pursuing any interests”.

Now, it’s up to the courts to make a decision.

[source:timeslive&jacarandafm]