Cigarette ban fita government

Photo: Melinda Ferguson

Cigarette ban: The 15:00 deadline government has to meet on Friday

After battling with BATSA over the cigarette ban, the government is now fighting with FITA – here’s why they have been given a deadline to meet on Friday.

Cigarette ban fita government

Photo: Melinda Ferguson

The clock is ticking for the government on Friday, as they face yet another legal battle regarding the cigarette ban. Despite proceedings drawing to a close with BATSA’s appeal on Thursday, the case regarding the Fair-Trade Independent Tobacco Association (FITA) has received an almighty shot-in-the-arm.

Why the government has a 15:00 deadline on Friday

Earlier this week, the Supreme Court of Appeal made the decision to ‘speed-up’ the case submitted by the tobacco giants. Following two defeats in the Gauteng High Court, FITA was left with no other legal route but to take their case to a higher authority – and it with the matter being declared urgent, the applicants have chalked up a very small victory against the government.

In fact, the case is moving along at such a fast-pace, Minister Nkosazana Dlamini-Zuma and her colleagues don’t have much time left to make their counter-arguments. The judges have handed a down a deadline of 15:00 on Friday for the government to make their submissions, or they may risk admonishment.

With just hours left to get their papers turned over, those in power face a race against the clock today. But this system works both ways, and FITA will also be given a 72-hour window to respond to whatever submissions are made on Friday – we can think of more easy-going things to do on a weekend, put it that way.

Cigarette ban latest – FITA vs the government

Once the company has filed its responding affidavits on Tuesday, the Supreme Court of Appeal will look to make a final ruling on the cigarette ban as soon as possible. In all likelihood, we will be talking about a matter of days rather than weeks, and this ruling could be handed down before the BATSA verdict is shared.

If either challenger is successful, the cigarette ban will be lifted pending an appeal from Cabinet. Smokes were taken off the shelves five months ago, creating a boom in the illicit market. The arguments from both sides have been fierce and pinpointed, and this is an issue our elected officials can’t seem to stub-out.