Govt's cigarette ban was unconstitutional, rules SCA
The Supreme Court of Appeal in Bloemfontein has confirmed that government’s ban on the sale of cigarettes at the start of the lockdown in March 2020 was unconstitutional.
In December 2020, the Western Cape High Court ruled in favour of British American Tobacco South Africa in their case against government.
Cooperative Governance Minister Nkosazana Dlamini-Zuma then approached the Supreme Court to appeal the Western Cape High Court’s decision.
Her appeal has been dismissed with costs.
The court found that “there was no scientific justification for the continued ban on the sale of tobacco products: there is no evidence that short-term quitting has clinical significance for Covid-19 severity and outcomes".
BATSA told the court that the continued prohibition on the sale of tobacco products had an adverse effect on some 11 million users.
“They use these products for pleasure and to manage or relieve stress during their daily lives. Their inability to enjoy the daily pleasures of smoking and vaping had a negative impact on their emotional well-being and personal autonomy," the company argued.
Dlamini-Zuma has been ordered to pay Batsa’s expense costs including in the original case before the Western Cape High Court.
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