Legal challenge to overturn cigarette ban faces further delays

The Fair-Trade Independent Tobacco Association’s (FITA) legal challenge against government’s controversial cigarette ban will not take place on Tuesday 12 May as was first anticipated.

Frustrated South African smokers, undone by government’s outright ban on the local sale of tobacco products during Level 4 lockdown, pinned their hopes on FITA’s long-awaited legal challenge. After being left in the lurch following British American Tobacco’s (BATSA) sudden turnaround — a result of last-minute consultations with government — critics of the cigarette ban threw their weight behind FITA.

Another stumbling block for smokers

In a move that has left smokers feeling the cruel pinch of déjà vu, on the eve of FITA’s legal challenge, the organisation announced that it would not be appearing in court on Tuesday morning. FITA chairperson Sinenhlanhla Mnguni revealed that previous court processes, ostensibly those initially tabled by BATSA, had nullified Part A of the association’s argument.

Similarly, FITA’s initial contest dealt with the manufacturing and export of tobacco products, which has now been granted by government. In addition, FITA revealed that while contestation still surrounds the National Coronavirus Command Council’s (NCCC) closed-door processes, government had agreed to expand on its decision, by providing a record of the reasoning and subsequent decision, to uphold the ban on tobacco products under Level 4 lockdown.

In contrast to the half-hearted challenge brought by BATSA, FITA’s fight against the tobacco ban is set to continue, albeit at a disrupted pace.

Our court application was split into 2 parts. Part A was due to be heard today. Concessions have been made and we are happy with the outcome thereof. We are now proceeding with Part B of our application which will deal with inter alia the decision to ban the sale of cigarettes.

— FITA (@fita_sa) May 12, 2020

Challenge to overturn cigarette ban will continue – FITA

Mnguni noted that while Part A of the organisation’s argument had been abandoned, Part B — which deals almost exclusively with reversing the ban on tobacco sales — will move forward. A statement issued by FITA explained:

“Despite the aforegoing concessions, we will now turn our focus to the relief sought in Part B of our application, including confirmation by a court of law that the sale of tobacco products and cigarettes is lawful under the lockdown regulations.”

FITA confirmed that both parties were working on a timetable to have the matter heard before court “as soon as reasonably possible”. Mnguni noted, however, that due to hefty pre-trial administrative tasks undertaken by both parties, the public should be mindful of extended delays.

Government has argued that any case concerning the legal challenged lodged against the NCCC should be heard on 9 June.