Cape Town – British American Tobacco South Africa told the Western Cape High Court on Wednesday that the Gauteng division clearly erred when it dismissed an earlier challenge to the country's tobacco sales ban by giving Cooperative Governance Minister Nkosazana Dlamini Zuma a free pass on showing the measure was necessary to contain the Covid-19 pandemic.
"With the greatest of respect to the court, that is clearly wrong, or at least substantially erroneous." Her strongest medical argument in her court papers comes from an expert who is not a medical doctor and deems that quitting smoking gives one's lungs"a fighting chance" in case of infection.BATSA went further in its arguments than its industry rival and attacked the constitutionality of the ban as affecting not only cigarette makers, but tobacco farmers and consumers.
Cockrell said this was an"extraordinary argument because the whole purpose of the prohibition is to stop smoking". This was not true or helpful, Cockrell continued, because the end result of farmers being unable to sell their tobacco was to go out of business. Moreover, the minister had given no indication of how long the ban, which began on March 27, would remain in place.
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