Fita wants the government to lift its ban on the sale of tobacco.JOHANNESBURG - An application for leave to appeal by the Fair Trade Independent Tobacco Association on the ban on the sale of tobacco products is before the Pretoria High Court on Wednesday.
The same three judges that dismissed the previous application will decide whether or not the judgment can be appealed.Fita argues that they are not disputing that smoking is harmful or dangerous, but are requesting clarity on the link between smokers and COVID-19 putting a strain on the healthcare system.
Fita argued that the medical evidence used to justify the tobacco ban from the WHO and HSRC by government is inconclusive, and to date the government's legal team has not responded to it.He said that a higher court will also have to determine whether or not the illicit market has blossomed since the ban came into effect and if it can be said, that the ban has lead to a cessation of smoking.