'There is always the risk of reinstatement of the ban': Batsa on cigarette sales during lockdown

British American Tobacco SA (Batsa) will not smoke a peace pipe with the government following President Cyril Ramaphosa’s decision to unban cigarette sales.

The tobacco giant and nine other litigants, including farmers, consumers and processors, are awaiting the judgment of a full bench of the high court in Cape Town in their legal fight with cooperate governance & traditional affairs (Cogta) minister Nkosazana Dlamini-Zuma and Ramaphosa over the ban.

On Saturday, Ramaphosa placed SA on level 2 of the lockdown intended to curb the spread of the coronavirus. Level 2 comes into affect at midnight on Monday. 

The move to level 2 includes reopening unrestricted travel between provinces and permitting sales of alcohol and tobacco products.

In the legal fight over the ban on cigarette sales, Dlamini-Zuma told the high court that cigarettes increased the risk of Covid-19 infection, and that smokers placed pressure on the country's health system. 

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During the two-day hearing two weeks ago, the court asked if Batsa would still want a written judgment if the government uplifted the ban pending the ruling. The tobacco giant said it required the written judgment.

On Sunday Batsa lawyer Michael Evan told TimesLive the company had not changed its stance.

“At the end of the hearing, Judge Thandazwa Ndita asked whether, if the ban was lifted before the judgment, we still wanted a written judgment,” said Evan. 

“We emphatically said 'yes'. There is always the risk of reinstatement of the ban, as happened with alcohol sales, so we need a judgment.”

During his address on the weekend, Ramaphosa said SA had seen a steady drop in the number of Covid-19 infections.

“We are making progress in our fight against Covid-19,” said the president.

Ramaphosa said: “Over the last three weeks, the number of new confirmed cases has dropped from a peak of more than 12,000 a day to an average, over the past week, of around 5,000 a day. The recovery rate has risen from 48% at the time of my last address and now stands at 80%.

“The number of patients hospitalised has decreased from 10,000 at the beginning of the month to around 4,000. This is significantly reducing the pressure on our health facilities."

The president said economic activity will be allowed "with the necessary and appropriate stringent health protocols and safety precautions in place” during level 2 of the lockdown.

“All restrictions on inter-provincial travel will be lifted,” he said.

“Accommodation, hospitality venues and tours will be permitted according to approved protocols to ensure social distancing. Restaurants, bars and taverns will be permitted to operate according to approved protocols as to times of operation and numbers of people. Restrictions on the sale of tobacco will be lifted.

“The suspension of the sale of alcohol will be lifted subject to certain restrictions. Alcohol will be permitted for on-site consumption in licensed establishments only until 10pm. Liquor outlets will be allowed to sell alcohol for off-site consumption from Monday to Thursday during the hours of 9am to 5pm only. Restrictions on family and social visits will also be lifted, although everyone is urged to exercise extreme caution and undertake such visits only if necessary.”

TimesLIVE