Tobacco companies have thrown the first punch at the government as the battle over the entjie sales ban during the Covid-19 lockdown rages on.
The Fair Trade Independent Tobacco Association (FITA) on Monday announced that it was taking the government to court, arguing that Minister for Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini-Zuma, is not legally permitted to ban the sale of cigarettes and tobacco products during Level 4 of the lockdown.
FITA is made up of six companies-- Gold Leaf Tobacco Corporation, Home of Cut Rag, Folha Manufactures, Best Tobacco Company, Afroberg Tobacco Manufacturing and Carnilinx.
FITA served the government with papers at the Pretoria High Court.
The urgent application was filed against President Cyril Ramaphosa and Dlamini-Zuma.
ATTACK: Minister Nkosazana Dlamini-Zuma
The association’s decision came as a surprise as it was widely expected that the British American Tobacco (BAT) would be the first to drag Dlamini-Zuma to court after issuing a threat last week.
According to FITA’s Chairperson Sinenhlanhla Mnguni the decision to sue was not taken lightly.
“We are relying on a number of legal principles in order to challenge this ban on the sale of cigarettes which we feel is not lawful in the sense that the legislation which governed the lockdown period does not permit for the government to take such a step,” Mnguni said.
COGTA’s spokesperson Lungi Mtshali did not respond to queries on whether they will oppose the legal action or not.
BAT had given the government until 10am yesterday to revoke the ban.
The company did not respond when asked whether they would go ahead with their threat and take the government to court over the ban.
LEGAL: Sinenhlanhla Mnguni
In his weekly newsletter yesterday, President Cyril Ramaphosa denied allegations that Dlamini-Zuma had overruled him after he initially told the country that Level 4, which kicked in on Friday, would see the ban on cigarette sales lifted.
“This was based on the view of the National Coronavirus Command Council (NCCC), and which was contained in the draft framework that was published for consultation,” he wrote.
“After careful consideration and discussion, the NCCC reconsidered its position on tobacco.
“As a result, the regulations rati(fi)ed by Cabinet and announced by Minister Nkosazana Dlamini-Zuma on 29 April extended the prohibition.”
Covid-19 affects the lungs and the World Health Organisation said smokers may already have lung disease capacity increasing their risk.
In addition, smoking products such as hookah pipes involve the sharing of mouth pieces, facilitating the transmission of Covid-19.