Just in: BAT rejoins the fight to unban cigarettes, Dlamini-Zuma under fire

British American Tobacco South Africa (BATSA) has rejoined the legal fight to have the prohibition of tobacco under Level 3 lockdown declared unlawful.

The organisation, which has recently garnered support from Japan Tobacco International (JTI), will continue where it left off weeks ago. While lockdown was still in its infancy, BATSA was one of the first corporations to challenge government’s prohibition of tobacco products.

BATSA’s infamous backtrack

South African smokers’ hopes were, however, dashed when BATSA agreed to drop their lawsuit following engagements with government. It’s alleged that, in an attempt to pacify BATSA, Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma, who leads to National Coronavirus Command Council (NCCC), amended the Disaster Management Act to allow for the production and export of tobacco products.

The local sale and purchase of tobacco products has been outlawed for over two months, costing the government billions of rands in lost excise duties.

On Friday morning, Johnny Moloto, Head of External affairs at BATSA, confirmed that the company had launched urgent legal proceedings aimed at overturning government’s continued ban on cigarettes during Level 3 lockdown. In a public statement, BATSA claimed that government had failed to engage with industry stakeholders and heed warnings issued by experts in the tobacco sector.

Read: Ramaphosa tells smokers to be patient – ‘It’s only a matter of time’

Back in the fight for cigarettes

Pointing to the burgeoning black market, lost excise taxes and studies which demonstrate the failure of government’s prohibition, Moloto added:

“Given the situation, and the lack of any response from government despite our ongoing efforts to engage with them, we are now commencing urgent legal proceedings.”

BATSA joins a long list of organisations fighting government’s tobacco ban through the judicial system. For the past month, the Fair Trade Independent Tobacco Association (Fita) has been leading the charge. Recently, AfriForum threw its hat into the ring and demanded that the cigarette ban be lifted before 3 June.

This is a developing story – more details to follow