“The sale of cigarettes was regulated but was not prohibited in South Africa, notwithstanding WHO [the World Health Organisation] having warned of the health risks of smoking. All of that has changed during the pandemic.
“Since smokers and vapers have been deprived of a choice that they were entitled to make before the pandemic, government bears the burden of justifying its change of stance.” “Even if a series of assumptions were to be made in favour of the minister regarding the health risks of smoking in relation to Covid-19, the ‘benefits’ on which the minister relies would still be heavily outweighed by the harm caused by prohibition.
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