Pretoria -
“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 had asked for leave to appeal to the Supreme Court of Appeal in Bloemfontein. They argued there were reasonable prospects that the Appeal Court would come to a different finding than that of the high court. He said the matters raised are of enormous public interest and it embarks on uncharted legal issues. According to Stubel, not only the rights of smokers are at stake here but also the economic impact the ban on the sale of tobacco products have on our country.
While the government’s stance is that smokers will place a burden on the health resources needed to treat Covid-19 patients, Stubel said no credible evidence was submitted to prove this. “We believe that the appeal court will find that the ban is not necessary to the objective of the means.”
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