The Fair-Trade Independent Tobacco Association has argued that there is no basis for the ban on the sale of tobacco products.SA's prohibition on cigarette sales has failed and, therefore, there “cannot be any possible basis for the ban”.
“Once it is accepted that the ban cannot be shown to have the effect of stopping smoking, there cannot be any possible basis for the ban,” Fita CEO Sinenhlanhla Mnguni said in an affidavit filed with the Supreme Court of Appeal on Tuesday. Fita has approached the Supreme Court, seeking leave to appeal the North Gauteng High Court’s dismissal of its challenge against the ban.Mnguni said in his affidavit that while Dlamini-Zuma stood firm with the contention that the threshold for the ban was one of “reasonable necessity”, it was reasonably possible the SCA would apply the threshold of “strict/absolute necessity”.
Mnguni said the high court had failed to have due regard to expert evidence which pointed to the “serious shortcomings” in the minister’s approach, that is “the inconclusive nature of the internet and other reports relied upon, that none of the surveys relied upon took into account relapse rates which meant that quit rates could not be drawn from the surveys”.
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