cIGARETTE BAN FITA

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Cigarette ban update: Success for FITA as court ‘speeds-up’ appeal

It has taken three attempts, but FITA have finally had a court decision go their way. But what does this change mean for the cigarette ban?

cIGARETTE BAN FITA

Photo: Pixabay

After suffering two defeats in court over the contentious cigarette ban, the Fair-Trade Independent Tobacco Association (FITA) may finally have seen the tide turn on Tuesday. Their application to the Supreme Court of Appeal will now be fast-tracked, as the elite legal authority ruled that the case must be heard urgently.

This is ultimately beneficial for the tobacco giants, who will now hope that their arguments for lifting the prohibition on cigarettes will be heard swiftly by one of the highest courts in the land.

What this latest judgement means for FITA

FITA had lost their original case against the cigarette ban, as well as their appeal. Approaching the SCA was their third attempt at trying to overturn the regulations, and they’ve already got a small bit of joy from their efforts. Tuesday’s decision does not mean the court has ruled in their favour, but it does result in the following:

  • The application for truncated dates launched on 31 July has been granted. Things will now move quickly…
  • The government and its representatives in this case (including Nkosazana Dlamini-Zuma) must respond to the appeal by 15:00 on Friday 7 August – leaving them with just 72 hours to make their submissions.
  • FITA will then be given a similar timeframe to make their submissions, with a deadline of Tuesday 11 August to meet.

Cigarette ban courses burst into life

Smokers will hope that the momentum is on their side this week, as British American Tobacco (BATSA) are also heading for a court showdown with the government.

They are set to make their case in the Western Cape High Court, over a two-day session which begins on Wednesday. The cigarette ban has been in place since the end of March, and the applicants are set to challenge the Constitutionality of these controversial restrictions.