The Supreme Court of Appeal (SCA) has heard that the tobacco ban during lockdown level three was justifiable under the Constitution. The court was hearing an appeal against the December 2020 judgment of the Western Cape High Court, which found that the ban had breached human rights under the Constitution and that it was unlawful.
The ban has long been lifted, but there is no guarantee that it will not be declared again if there is a new COVID-19 variant, suggests TimesLIVE. With that uncertainty, the final word of the courts on the tobacco ban is important.
Counsel for the government, Andrew Breitenbach SC, argued that the High Court judgment should not stand. He said government, which has a duty to protect the health and lives of all South Africans, had acted reasonably at the time. Under the Constitution, the government may limit constitutional rights if the limitation is “reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom”.
In court last Thursday (4 March), much of the argument focused on the relation between the limitation and its purpose. Breitenbach referred to the evidence that cigarette smoking was associated with more severe COVID-19 symptoms and that stopping smoking had immediate positive effects. Counsel for British American Tobacco SA, Alfred Cockrell SC, said it was not enough for the government to show that stopping smoking had immediate “general good” effects. The government had to show that if someone stopped smoking for a few months during lockdown, it would reverse or lessen the progression of the coronavirus disease.
TimesLIVE article – Lockdown tobacco ban was justified, government tells Supreme Court (Open access)
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SA’s COVID-19 tobacco ban was ill-advised – Cardiologist
Fita appeals COVID-19 health ban on tobacco sales
Unnatural deaths, alcohol bans and curfews during COVID-19 – SA study
Smokers up to 80% more likely to be admitted to hospital with COVID