The court granted access to the association on Friday after its application for leave to appeal was snuffed out by a full bench of the Pretoria high court last month.
“Once it is accepted [as it must be] that the ban cannot be shown to have the effect of stopping smoking, there cannot be any possible basis for the ban,” Fita CEO Sinenhlanhla Mnguni said in an affidavit filed with the Supreme Court of Appeal on Tuesday. The association's appeal comes amid rumblings that if President Cyril Ramaphosa moves SA to alert level 2 this weekend, tobacco and alcohol sales bans may be lifted.
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