Tobacco association to continue with legal action

This comes after the Fair Trade Independent Tobacco Association (Fita) filed an urgent court application to force the government to lift the ban on cigarette sales and exports during the lockdown.

The association's chairperson Sinenhlanhla Mnguni says part A of its application no longer has a reason to be argued.

"This also then means that there no longer exists a reason for us to argue part A of our court application as we have been provided with a substantial portion of the relief we sought from the courts by the respondents."

Part A was due to be heard in the High Court in Pretoria on Tuesday.

President Cyril Ramaphosa announced in April that the ban on cigarette and tobacco product sales would be lifted as the country moved to Level 4, but days later Cooperative Governance Minister Nkosazana Dlamini-Zuma announced that the decision had been reversed.

Mnguni says the association will use the records of decision making to try and convince the courts to lift on the ban of the sale of cigarettes.

The government has however agreed to allow the export of tobacco products under Level 4.

"The manufacture of tobacco products is permitted, up to 30% employment, in terms of part C(9) of Table 1 to the regulations. All manufacturing and transport of tobacco products will need to be

performed under strict adherence to health protocols,” says Mnguni.

The respective legal teams are now working on a timetable to have part B of the court application heard as soon as possible.

"Clarity on this will be given in due course. The public at large must be mindful of the fact that several documents need to be exchanged before the matter being ventilated in court," says Mnguni.