Faizel Patel – 26/06/2020
With COVID-19 Level 3 lockdown currently in place, smokers will have to wait a little longer after the Pretoria High Court dismissed the Fair Trade Independent Tobacco Association’s (FITA) application to have tobacco products declared as essential.
The case was dismissed with costs on Friday.
Fita took the government to court arguing that cigarettes should be viewed as essential on the basis that tobacco is addictive among other issues.
News24 reports that in the judgment the court says it was convinced by government’s submission that FITA’s argument was “misconceived” as it “ignores the context under which the regulations were promulgated”, namely an “unprecedented disaster” that required “swift and effective action from the State”.
“”FITA’s argument that cigarettes ought to have been considered ‘essential’ because they are additive has no merit. The fact that a substance is addictive does not render it essential. We therefore find no basis on which to interpret the level five regulations as permitting the sale of tobacco products.”
Earlier on Friday the legal battle between government and British American Tobacco SA (BAT) was moved to August.
Bat SA says the delay is inexplicable and worrying and that it will cost the country more than R1.4-billion and thousands of jobs.
0 Comments