WATCH | The High Court hears case on the lockdown tobacco sales ban

Government to square off in court over controversial ban on Wednesday

10 June 2020 - 06:30 By ERNEST MABUZA
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The Fair-Trade Independent Tobacco Association (Fita) will on Wednesday tell the full bench of the high court in Pretoria why it believes regulations prohibiting the sale of cigarettes and tobacco products should be set aside.

On the other side of the court, lawyers for cooperative governance and traditional affairs (Cogta) minister Nkosazana Dlamini-Zuma will present arguments as to why the ban should remain in place.

It has been just over a month since the association filed papers to challenge the decision to ban the sale of tobacco products during the lockdown.

This is how the saga has played out.

March 26: South Africa's complete lockdown begins - at level 5. Among the prohibitions are that alcohol and tobacco products can not be sold.

April 23: In a televised address to the nation, President Cyril Ramaphosa announces that the sale of cigarettes, which had been prohibited under the initial hard lockdown, would be allowed when the country moves to level 4 from May 1.

April 29: Regulation 27 is promulgated in the government gazette by Dlamini-Zuma, and it expressly bans the sale of tobacco products and cigarettes.

May 4: Fita files an application in the high court to set aside the ban. The application by Fita is in two parts. In Part A, Fita seeks an order declaring that tobacco and cigarettes fall into the category of agro-processing products and their export is permitted. In Part B, Fita wants the court to set aside regulation 27. It is this second part being argued in court on Wednesday.

May 6: Dlamini-Zuma files a notice to court to indicate that the government will oppose Fita's application.

May 7: The state attorney, in a letter to Fita's lawyers, states that the manufacturing and export of tobacco products is permitted under level 4, rendering Fita's application regarding Part A moot.

May 26: Dlamini-Zuma provides the court with the reasons that were taken into consideration when formulating regulation 27.

May 29: Fita files an amended application, which wants to the court to review and set aside regulation 45, which continued the prohibition on the sale of tobacco products under level 3, which starts on June 1.

June 2: The state attorney writes a letter to the office of the judge president requesting that the case, set to be heard on June 9 and 10, be rescheduled for the week beginning on June 22. One of the reasons is that Dlamini-Zuma needs to address the challenge to regulation 45.

June 2: Lawyers representing Fita reply that the request for the application for a postponement must be denied.

June 3: Dlamini-Zuma files an answering affidavit, which concludes that Fita has not made out a case for the relief it seeks in Part B of the application.

June 6: Fita files a replying affidavit, which concludes that it persists with the relief it seeks.

June 8: Legal submissions from both parties are submitted to court.

June 9: The full bench of the high court, headed by judge president Dunstan Mlambo, sets aside this day to read through legal arguments.

June 10: Oral arguments are to be heard in the case.


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