South Africa\u2019s government is appealing a court ruling that last year\u2019s ban on the sale of tobacco products was unconstitutional, an indication that stricter measures to contain the coronavirus may be under consideration.<\/p>\n
Cooperative Governance and Traditional Affairs (Cogta) minister Nkosazana Dlamini-Zuma has filed papers with the Supreme Court of Appeal on a non-urgent basis, her spokesman said in a phone message on Tuesday.<\/p>\n
The move follows a toughening of lockdown restrictions last week to help ease a resurgence in Covid-19 infections, which have led to a sharp increase in hospitalizations and deaths.<\/p>\n
The decision is \u201cworrisome\u201d in that it suggests a prohibition that lasted almost five months in 2020 may be reimposed, the Fair Trade Independent Tobacco Association said in a statement.<\/p>\n
British American Tobacco Plc, which won the ruling by the Western Cape High Court in December, declined to comment.<\/p>\n
The ban emerged as one of the more controversial aspects of South Africa\u2019s lockdown policy, which has been in place at various levels of severity since late March.<\/p>\n
While Dlamini-Zuma argued that it eased the burden on hospitals and reduced the prospect of contagion from cigarette sharing, critics highlighted an explosion in black-market sales and a slump in tax revenue for the National Treasury.<\/p>\n
The appeal doesn\u2019t yet affect the ruling that the ban was unconstitutional, according to Gugulethu Samkange, an advocate in the High Court.<\/p>\n
\u201cGovernment would have to bring a new court application to ban tobacco sales if they decide it is necessary,\u201d she said. \u201cHowever, that application would have to have facts saying that the situation had changed.\u201d<\/p>\n
South African President Cyril Ramaphosa is battling to contain the latest surge of the pandemic, and last week imposed a 21h00 curfew and banned the sale of alcohol for a third time.<\/p>\n
The current measures are scheduled to be reviewed on Jan. 15, though the next meeting of the National Coronavirus Command Council – which agrees the appropriate pandemic response – is set to meet on Wednesday.<\/p>\n
Dlamini-Zuma agreed in August to hold a public participation process should she decide to reinstate a ban on tobacco sales, part of a settlement of a separate lawsuit brought by FITA.<\/p>\n
As health minister under former president Nelson Mandela, she spearheaded legislation that banned smoking in public places and prohibited all forms of tobacco advertising in the 1990s.<\/p>\n