CAPE TOWN –The Gauteng High Court dismissed the application by the Fair Trade Independent Tobacco Association (FITA) to challenge the ban on cigarette sales on Friday.
The court also found that minister Nkosazana Dlamini Zuma acted rightfully to contain the spread of the virus.
“In the face of a global pandemic that has resulted in the demise of hundreds of thousands of people worldwide, it stands to reason that the Minister had to act promptly and swiftly in order to meet her constitutionally mandated duty to save lives and provide adequate healthcare services,” the judgment reads.
“FITA has not shown in what respects another court would differ from this Court’s judgment that a requirement that the Minister had to meet the highest possible threshold of ’strictly/ absolutely necessary’ before being able to act would clearly undermine and derail the Minister’s efforts in honouring the constitutional duties owed to the Republic.“
Advocate Arnold Stubel claimed on behalf of the tobacco association that they came to the wrong decision and that the matters raised are of public interest.
“These are compelling reasons why the appeal court should have another look at these issues. We believe that the appeal court will find that the ban is not necessary to the objective of the means,” said Stubel.
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