Tobacco companies have decided to go ahead with litigation against the South African government for outing a ban on the sale of tobacco products during the nearly five-month-long strict coronavirus lockdown, reported Al Jazeera.
The South African government imposed the tobacco ban under the 2002 Disaster Management Act, justifying the ban on health grounds based on advice from its medical experts as well as from the World Health Organization (WHO). The government lifted the ban on the sale of tobacco products and alcohol earlier this week, as part of the easing of measures imposed to combat the coronavirus pandemic in South Africa.
The Fair Trade Independent Tobacco Association (FITA), an organization representing 80 percent of South African cigarette manufacturers, presented a court application on May 4 against Nkosazana Dlamini-Zuma, the Minister of Cooperative Governance and Traditional Affairs.
FITA claimed that the cigarette ban had no rational connection with the aim of the state of disaster declaration which is to prevent the spread of COVID-19. According to the group, Dlamini-Zuma was not empowered to ban tobacco products under the Disaster Management Act.
Notably various health organizations including the Cancer Association of South Africa (CANSA) and the Heart and Stroke Foundation of South Africa also supported the government’s tobacco ban.
In June, the Pretoria High Court dismissed FITA’s challenge, ruling that Dlamini-Zuma acted reasonably with a view to save lives when she banned tobacco products. On Friday, the Supreme Court granted FITA the right to appeal.
Sinenhlanhla Mnguni, FITA’s president, said the association would move forward with its lawsuit against the South African government. FITA initially wanted to compel the government to reintroduce the sale of tobacco products but, since the ban was removed on Monday, it now seeks an order prohibiting the government from banning tobacco sales again, should South Africa move to a stricter lockdown in the future.
