State denied further postponement in tobacco ban case
The Fair Trade Independent Tobacco Association (Fita) has welcomed the decision by Gauteng Judge President Dunstan Mlambo to deny government more time to prepare for the challenge to its tobacco ban.
Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma requested an extension to file answering affidavits related to the extension of the ban under level 3 of the regulations.
The sale of tobacco products was banned when South Africa went into Covid-19 lockdown at the end of March.
Fita chairperson Sinenhlanhla Mnguni says it's beyond comprehension that the state failed to serve their answering affidavit, despite the significant postponement afforded to the state’s legal team.
"The respondents have not brought a substantive application for postponement. On this basis alone, we submitted, the request should be denied.
"We have unequivocally stated that we oppose any request for a postponement and would seek the opportunity of addressing it fully should the application for a postponement be entertained."
He adds it is concerning that the state saw it fit to directly approach Mlambo.
“We do not consider it appropriate to engage in extra curial communications with presiding officers on this matter particularly in view of the fact that the Judge President is presiding in the matter."
The case is now set to go ahead on 9 and 10 June in the High Court in Pretoria.