Cigarette ban: Government ‘abusing their power to silence courts’ – Fita

The Fair-Trade Independent Tobacco Association (Fita) has lashed out at the government’s alleged attempts to secure ‘an unprecedented amount of power’ by putting pressure on the judicial system. The group recently lost their appeal against the cigarette ban in the Pretoria High Court, but Chairperson Sinenhlanhla Mnguni now suspects there is a hint of foul play to be reckoned with.

Something sinister between the government and our judiciary?

Fita must now take their case to the Supreme Court of Appeal in Bloemfontein if they are to stand any hope of invalidating the cigarette ban at the third time of asking. Their chances of being successful have slimmed, and Mnguni believes that the courts have been shackled by a government that is desperate to bring judges in line.

“The High Court in Pretoria’s ruling dismissing Fita’s challenge to the cigarette ban arguably gives the government unprecedented levels of power to impose COVID-19 regulations, with almost no prospect of any legal challenge to questionable regulations succeeding.”

Sinenhlanhla Mnguni

Cigarette ban ‘forcing judges into silence’ – Fita

Fita is adamant that its arguments to lift the cigarette ban were reasonable and sound, and they now believe that the courts no longer want to ‘tread on the toes of government’ while they are trying to negotiate their way through a devastating pandemic. According to Mnguni, there’s been a genuine conflict with the state.

“Courts have routinely been urged by the government not to overstep the bounds of their powers. While that warning previously did not deter the judiciary from overturning poor state decisions, the unpredictable COVID-19 crisis has seen the courts pull back from such interventions, such as the cigarette ban.”

“It appears that courts do not want to face accusations that they are attempting to co-govern a country in the midst of unprecedented health and economic disaster. The Fita case appears to provide evidence of that reluctance.”

Sinenhlanhla Mnguni