Dlamini Zuma submits affidavit to Appeal Court, BATSA hoping for ’swift end’ to tobacco sales ban

Cape Town – The contested tobacco ban was essential to help the country come through the Covid-19 pandemic"intact", Co-operative Governance Minister Nkosazana Dlamini Zuma insisted in an affidavit handed to the Supreme Court of Appeal on Friday.

She accused the association of being disingenuous by submitting that the high court had failed to correctly interpret the legal requirement of necessity in the Disaster Management Act for restrictions imposed by the government. The minister added that if one were to consider the question of necessity, however, the standard set by the act could never be one of"absolute" necessity as this would handcuff the government in the face of disasters such as the current health crisis.

"As the high court held, the tobacco ban does serve to reduce the strain on the system. It follows that the ban is strictly necessary to protect the public." FITA is due to serve its reply by Tuesday next week at the latest. It secured a small victory when the SCA acknowledged the urgency of the application by directing that papers be filed at short notice.

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