Tobacco Giants Mount Legal Challenge to South Africa's Lockdown Ban
South Africa's ban on smoking products is one of several measures that the nation's government is facing criticism for amid the wider COVID-19 lockdown.
June 01, 2020 at 12:53 PM
2 minute read
Tobacco field worker, Credit: Shutterstock.com
Two of the world's largest tobacco manufacturers are leading a legal challenge to South Africa's continuing ban on cigarettes and other tabacco products during the nation's prolonged lockdown.
British American Tobacco South Africa (BAT) and Japan Tobacco International (JTI) are joining forces with civil society groups and citizens in mounting a court challenge, according to a statement by JTI.
Meanwhile, in a separate case, the Fair Trade Independent Tobacco Association (Fita's) legal challenge to the ban is expected to be heard on June 9 and 10 before the Pretoria High Court.
South Africa's cigarette ban was initiated last month by the Cooperative Governance minister Nkosazana Dlamini Zuma, a long-time anti-tobacco activist.
South African law firm Webber Wentzel is representing BAT and JTI, according to a person at the firm, while Johannesburg attorneys Morgan Law is representing the Fair Trade Inependent Tobacco Association (Fita) in its separate action.
The South African government's lockdown rules have come under fire by opposition parties. Last month, the main South African opposition party, the Democratic Alliance, announced its intention to take the ANC government to court to fight what it described as "irrational" lockdown regulations that are "doing more harm than good."
The ban on tobacco has had profound economic effects. A recent study by the University of Cape Town found 90% of smokers are still buying cigarettes on the black market at two to three times the normal cost.
Bongani Mshibe, director of corporate affairs at Japan Tobacco International said in a statement that despite the ban, consumers are finding alternatives in illegal cigarettes, "effectively criminalising South Africa' smokers."
He added: ""There are 11 million smokers in this country, and tobacco is a legal product. The ban is an infringement on adult choices and the right to use these products.
"We have no choice but to turn to the courts for relief, which could have been avoided if Government consulted with the legal tobacco industry."
Read more
South Africa's 'Irrational' Lockdown Rules Face Legal Challenge
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