Cigarette sales: The new political battlefield during lockdown?

The contentious topic of cigarette sales during a time of lockdown has the propensity to polarise South Africa’s political playing field.

Where there’s smoke, there’s usually fire. In this instance, the back-and-forth between local government, in the Western Cape, and national administration, concerning the sale of tobacco products, has all the hallmarks of political showboating.

While the merits concerning the sale, and subsequent use, of tobacco products have been a hot topic since President Cyril Ramaphosa declared a national lockdown, the intricacies of governance and control have been brought to the fore. In essence, the cigarette has become a flashpoint for broader debate on local versus national oversight.

It’s called ‘national lockdown’ for a reason

As South Africans wade through murky waters — exemplified by ever-changing regulations under the Disaster Management Act – cooperation between local, provincial and national government is being put to the test. While it’s quite clear that the lockdown is, technically, issued by the order of national government, its successes — and failures — rest largely in local enforcement and compliance.

This caveat relative to the COVID-19 lockdown is made even more complicated when provinces challenge national orders. The situation becomes infinitely more complex when political polarisation is added to the mix.

The issue of cigarette sales exemplifies this predicament by pitting the Western Cape government — led by the Democratic Alliance (DA) — against national regulations, effectively devised and overseen by the African National Congress (ANC).

Western Cape government tries its luck

Less than a week after lockdown was declared — and stringent regulations implemented in accordance with the Disaster Management Act, which, amongst other things, forbade the sale of tobacco products, including cigarettes — the Western Cape government decided to go ‘rogue’. Despite Trade and Industry Minister Ebrahim Patel gazetting that cigarettes would not be included in the list of ‘basic goods’, the Western Cape government issued a statement in support of small businesses which ruffled national feathers. The Western Cape government stated:

“Central to our strategy to support businesses and the economy in the Western Cape is helping businesses understand and adapt to the lockdown regulations so that as many businesses as possible can continue to operate during this challenging time.”

This statement included a list of exclusions contrary to what was issued in the Disaster Management Act; the most egregious, in the eyes of the national government, being the relaxation of the ‘cigarette sale’ law, which stated:

“Cigarettes may be sold during the lockdown, but only together with essential goods.”

Bheki Cele not taking any prisoners

Similar to the ‘dog walking’ debacle — which fiercely split public opinion — the proclamation concerning cigarettes was personally addressed by Police Minister, Bheki Cele. Cele, who has the unenvious task of keeping cabin-fevered citizens housebound during the national lockdown, lashed out at the Western Cape government for ‘making their own rules’.

The bad-blood between the Western Cape government and Cele stretches back to a time when the Cape Flats were in flame and the blame game became politicised. The DA has, on numerous occasions, accused the ANC government of deliberately under resourcing the province with regards to the South African Police Service (SAPS). Cele, as minister of police, has hit back the DA for attempting to score cheap political points.

It comes as no surprise then, when, on Thursday evening, while addressing the nation on progress made during the lockdown, Cele took direct aim at the Western Cape government. Cele said bluntly:

“It doesn’t matter where you are, cigarette sales are not allowed. That includes the Western Cape.”

The police will not implement the so-called provincial regulations. Please don’t do it. Stick to what is signed by the national minister.”

A question of politics or proper procedure?

The debate is multifaceted and extends well-beyond the lowly cigarette. With the push for centralisation, emboldened by Water and Sanitation Minister Lindiwe Sisulu’s declaration of a national command, questions regarding the balance of power-in-governance have grown louder. In practical terms, how will national government effectively consolidate services and regulations previously under control of local structures?

The Western Cape’s litmus test proves that, despite queries of competence, national government has, and will continue to, tighten its grip on all aspects of the lockdown. In a recent-past marred by ineffectiveness, it’s clear that the ANC has stepped to the COVID-19 challenge in full armour. The proactive response by President Ramaphosa and the National Command Council (NCC) has been widely praised and although a few regulatory amendments have raised eyebrows, the crisis has afforded the ANC a much-needed opportunity to prove its mettle.

Sorry for the smokers, though. Despite the Western Cape’s best efforts, you won’t be able to purchase cigarettes anytime soon.