Supreme Court grants FITA leave to appeal lockdown tobacco ban judgment

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The Supreme Court of Appeal has granted the Fair-Trade Independent Tobacco Association (FITA) leave to appeal the high court dismissal of its legal challenge to the ban on tobacco sales, the association said.

Cape Town - The Supreme Court of Appeal has granted the Fair-Trade Independent Tobacco Association leave to appeal the high court dismissal of its legal challenge to the ban on tobacco sales, the association said on Saturday.

The court order came three days after FITA filed papers in reply to those from Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma, who maintained that the ban is critical to government's efforts to contain the coronavirus pandemic. FITA has argued that the matter is urgent and in the public interest, as it pertains to the extent of the powers the minister can exercise in terms of the Disaster Management Act. The court's decision to grant leave to appeal comes amid wrangling within Cabinet on whether to lift the ban that has been in place since March 27.

 

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