Court-ordered deadline forces government to substantiate cigarette ban

The legal challenge seeking to overturn government’s controversial cigarette ban enters a new phase on Tuesday 26 May.

The Fair Trade Tobacco Association (Fita) has kept the court challenge in play after President Cyril Ramaphosa revealed that, following collective engagements with the National Coronavirus Command Council (NCCC), the prohibition of tobacco would be upheld during Level 3 lockdown.

Government’s decision to maintain the cigarette embargo while unbanning the sale of alcohol has been met with further condemnation and confusion.

Legal bid to overturn tobacco ban rages on

Fita chairperson Sinenhlanhla Mnguni has questioned the NCCC’s prerogatives, raising red flags over the contentious ‘public comments’ process which was initially cited by Cooperative Governance and Traditional Affairs Minister, Nkosazana Dlamini-Zuma, as a primary reason for the continued prohibition of tobacco products.

Mnguni argued that President Ramaphosa had delivered the latest directive without issuing an invitation for public comment. Furthermore, Mnguni claimed that government had failed to engage with stakeholders in the tobacco industry.

Fita, which lodged its initial court application when government backtracked on the unbanning of tobacco products during the transition to Level 4 lockdown, has argued that the prohibition has had no positive impact on flattening the virus’ curve but has, instead, increased unnecessary movement and fortified the burgeoning black market trade.

Ramaphosa ordered to substantiate cigarette ban

Mnguni noted that, on 12 May, Fita obtained a court order which directed President Ramaphosa to supply evidence of the decision to ban tobacco products during lockdown. The Pretoria High Court ordered that Ramaphosa provide Fita with the minutes of the NCCC meeting which originally decided to overturn the prohibition of tobacco earlier this month.

This divisive decision, announced by President Ramaphosa as the country moved to Level 4 lockdown, was swiftly reversed by the NCCC, leading to further public outrage.

The Pretoria High Court set the deadline for Ramaphosa’s submission on Tuesday 26 May. Fita noted:

“In as far as our court application is concerned, as per the court order of 12 May 2020, government has a deadline of Tuesday 26 May 2020 to hand over to us the record of decision and the reasons, if any, for the promulgation of the current regulation 27 of the Level 4 regulations, after which time we will immediately supplement our court papers and have the matter heard soon thereafter.”

Mnguni added that while the initial court date was set for 2 June before Judge Basson, a new directive for the matter to be heard before a full bench of the High Court had been sanctioned.

Fita noted that it would update the public on its ongoing legal bid once government had complied with the High Court’s order for substantiation.