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HomeMedico-LegalDlamini-Zuma appeal may mean another smoking ban — Fita

Dlamini-Zuma appeal may mean another smoking ban — Fita

The Fair Trade Independent Tobacco Association (Fita) has warned that a decision by the government to appeal a judgment declaring the prohibition of tobacco sales unconstitutional signals that another ban is potentially on the cards, reports Business Day. Fita, established in 2012, represents smaller manufacturers in the tobacco and cigarette manufacturing sector in Southern Africa.

The national government, as represented by co-operative governance and traditional affairs minister Nkosazana Dlamini-Zuma, indicated that it would appeal the judgment delivered by the Western Cape High Court in December.

According to Business Day, it was reported that the government would petition the Supreme Court of Appeal, with the state arguing that the high court erred in finding that a similar case brought by Fita, which the government won, was not binding on it.

Fita’s chair Sinenhlanhla Mnguni said the step by the government to appeal the judgment is “regrettable” given the irreparable harm the five-month ban caused the tobacco industry, and which also led to the “exponential and unabated growth of the illicit cigarette market”.

Fita's full statement:

We note the decision by government to appeal the decision of the full bench of the Western Cape High Court which held that Regulation 45 of the lockdown level 3 regulations cannot and does not withstand constitutional scrutiny.

We feel that this step by government is regrettable given the irreparable harm on the tobacco industry along its value chain which was occasioned by the five month-long ban on the sale of cigarettes and tobacco related products for consumption by the local market, and which ban has led to the exponential and unabated growth of the illicit cigarette market, which issue has the knock-on effect of increased losses to the fiscus as less taxes are collected by the receiver.

We are of the view that the many legal challenges government has had to defend during the lockdown period, due to its implementation of many irrational regulations, have meant that government has expended a substantial amount of funds and other resources to fighting unnecessary legal battles instead of utilising those resources to combat the spread of the coronavirus and its impact on the citizens of this country.

This step by government is further worrisome in that it signals the potential arrival of yet another cigarette sales ban given that the pending appeal will suspend the operation of the Western Cape High Court judgment until this matter is properly ventilated before the courts, which matter could take months if not longer to resolve.

We have at all times called for common sense to prevail, which to date, sadly has not been the case. We again urge government to reconsider their position on this issue.

It is on record that FITA previously reached an agreement with government that we be consulted by government should any future cigarette bans be in the pipeline, and we hope that this provision of the agreement in place between our organization and government is adhered to.

 

[link url="https://www.businesslive.co.za/bd/national/2021-01-05-fita-warns-that-appealing-cigarette-judgment-could-signal-a-forthcoming-ban/#:~:text=The%20Fair%20Trade%20Independent%20Tobacco%20Association%20(Fita)%20has%20warned%20that,is%20potentially%20on%20the%20cards."]Full Business Day report (subscription needed)[/link]

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