High Court Dismissed The Application On The Sale Of Tobacco
After the Fair Trade Independent Tobacco Association (Fita) has argued that the lifestyle diseases are pose to be a higher health risk to COVID-19 patients than those who are smokers. The association has been fighting for government to lift the ban on the sale of tobacco.
Fita has made its argument at the High Court in Pretoria on Wednesday 10th of June and the judgment of the case was then reserved. This was after the government has asked the High Court in Pretoria to afford it more time so that they can review and scrutinize more into the regulations in relation to the ban of tobacco products and to see if its decision to ban tobacco sale its really inconsistent with the regulation of National Lock-down Level 3. View pictures in App save up to 80% data.
“The greatest risks of a health system are obesity, diabetes, cardiac arrest, cancer and nobody is suggesting that tobacco isn’t harmful but what we do know is that there is legislation in South Africa that deals with the regulation of tobacco products," said Fita counsel Arnold Subel.
Today this afternoon in Pretoria, the Tshwane High Court has dismissed the Fita Application to have cigarettes being declared as an essential services to the South African citizens during the National lockdown level three.
According to the eNCA reports indicates that the Tshwane High Court in Pretoria has argued and said that a product which consists of addictive properties does not necessarily mean that it should be deemed to be essential during the national lockdown.
The high court further stated it find no basis on which to interpret it to the Level 5 regulations which permits the sale of tobacco products, although, the Fita applicants has made an argument that the prohibition of cigarettes is irrational and it also didn’t give a consideration to the harm of economy, employment, livelihoods, and the health and safety of individuals. View pictures in App save up to 80% data.
"it is undeniable that simply and summarily preventing smokers and users of tobacco products from using these products gives rise to very serious physical and emotional adverse consequences. This leads to many users resorting to illicit non-regulated products that pose a significant health hazard." Fita said
However, the High Court further indicates that the cigarettes and related tobacco products do not fall into the same category as goods which are life-sustaining or necessary for basic functionality and its interpretation of the regulations to expand to such a meaning would be insupportable.
Fita has, However, also indicated that they will be appealing the judgment on the matter. They feel that more can be done regarding this matter.
This is indeed bad news to the smokers, who also through social media indicated that they feel ill-treated by the South African Government since government has also allowed liquor to be sold, churches also to open. They feel they have been left out as smokers because cigarette is part of their lives. This application has raised as results of the fact that under alert level 3 lock-down, government had announced the sale of tobacco and later on Minister Nkosazana Dlamini-Zuma comes back and re-announce the ban on tobacco again. View pictures in App save up to 80% data.