The group also intends to cast doubt on the core of the state’s justification – that smoking causes more severe cases of Covid-19.
The sale of cigarettes and tobacco products has remained prohibited since the start of the nationwide lockdown in late March, despite strong pushback from the tobacco industry about the potential for job losses, the rise of an illicit market, and a fall in excise tax revenues. Regulation 45 prohibits the sale of tobacco products, except for export. In the FITA case, which was dismissed, the tobacco grouping did not argue that the regulation was unconstitutional.
The tobacco group will also argue that banning cigarettes amounts to an “unjustifiable intrusion by the state into the private sphere,” and as such limits the Constitutional right to privacy. “The Minister’s concern that the health system in South Africa may be overrun if the sale of cigarettes is allowed, is not supported by the experience of other countries,” states an affidavit by a doctor that BATSA will rely on.
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