BATSA tells court: Government's legal stance on smokers' rights is mystifying

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BATSA lawyer Advocate Alfred Cockerill said this was an 'extraordinary argument because the whole purpose of the prohibition is to stop smoking'. cigaretteban

Cape Town - The government's claim that smokers cannot challenge South Africa's four-month-old tobacco sales ban because it is primarily aimed at the sellers of tobacco products is spurious, British American Tobacco told the Western Cape High Court on Wednesday.

Instead, she argued, the case rested only on whether the constitutional right to choose a trade as enshrined in section 22 of the Constitution had been violated here in respect of tobacco companies. "We are mystified by that argument," he said."Our learned friends are desperate to say this is not a case about the rights of consumers but about the rights of the seller."

"The minister is, from the lofty heights of her desk in Pretoria, saying it is just a cash flow problem," he said.

 

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