Photo: Pixabay
Photo: Pixabay
For many smokers, it feels like they’re taking a draw in the last chance saloon this week. British American Tobacco (BATSA) will lead legal action against the government’s controversial cigarette ban, as they prepare to overturn the controversial legislation in the Western Cape High Court.
Cigarette ban court case – BATSA face showdown on Wednesday
The long-awaited court case will be the centre of national attention, and it is set to take place over two days. This could prove to be a crucial 48 hours for the tobacco industry, who are entering their fifth month of a complete shutdown. A legal challenge from FITA has fallen short twice, but BATSA have confidence in their case.
So, what’s likely to happen in the dock this week? We’ve assessed all the key factors here.
What we can expect from the cigarette ban court case:
What will BATSA argue?
The firm has endeavored to make every reasonable argument about the cigarette ban’s lack of Constitutional grounding: It denies people the personal freedom to smoke, and dictates how people must look after their health. BATSA have stated that this stance violates the very fundamentals that make up our Bill of Rights.
They are also targeting the government’s ‘flimsy’ reasoning behind these decisions. According to the company, the research used to prop-up the ban does not account for how very few smokers have actually given up cigarettes. The prohibition has been largely ineffective, as smokers tap-in to the illicit market.
Furthermore, the benefits on which the Cabinet relies ‘would still be heavily outweighed by the harm caused by the prohibition’, BATSA say – claiming that both economic damage and mental health issues have been listed.
How will the government respond?
They are sticking to the tried and tested: Minister Nkosazana Dlamini-Zuma has successfully argued in the North Gauteng High Court that government has scientific backing for the cigarette ban – despite major doubts being raised elsewhere. NDZ’s lawyers have also previously stated that the decision was taken ‘to save lives’.
However, with BATSA aiming for the Constitutional contradictions laid out by the regulations, Dlamini-Zuma and her colleagues may have to change tact this week, hoping that the ‘right to life’ outweighs all else.
When can we expect a decision on the cigarette ban?
The best case scenario would be Thursday afternoon. However, don’t hold your breath on this one. The verdict is likely to be reserved as the courts weigh-up the merits of both arguments. ‘Judgement Day’ is therefore likely to come towards the end of next week, or at some point during mid-to-late August.
Even then, we can expect those on the losing side to appeal whatever law is laid down, putting the initial decision in jeopardy. Essentially, we are in for yet another rough ride.
Can smokers get their hopes up?
Well, BATSA’s case does have some almighty support behind it: Limpopo Tobacco Processors, Black Tobacco Farmers Alliance, and the SA Tobacco Traders Alliance are all listed as applicants. Many submissions have been made over the past six weeks, supporting the firm’s legal bid.
But nothing is ever predictable in this context. The opportunity may be a promising one for the industry giants and their customer base, but it is a battle that still needs to be won. Arguably carrying more clout than the FITA application, BATSA have made their confidence in succeeding very clear – even if their fate rests on an independent judgement.
What happens if BATSA fail?
There will be court challenges, and plenty of them. But should another legal saga begin to play out, smokers may have to resign themselves to the prospect of not getting their ciggies back until our lockdown level eases. The appeals process will be arduous, and could potentially last longer than the ban itself. FITA are at the stage of petitioning the Supreme Court of Appeal, some two months after instigating court proceedings.
Meanwhile, tobacco farmers and cigarette companies really will be left in the lurch this time. The illegal market is likely to boom, as those continuing to abide by the law are more likely to ‘give in’ to illicit offers. The government, however, would be able preserve the integrity of a ban they have not once flinched on.
