The Fair-Trade Independent Tobacco Association has asked for urgent leave to appeal the high court's dismissal of its challenge of the ban on cigarette sales in the Supreme Court of Appeal. cigaretteban
Fita in its application said the North Gauteng High Court erred in interpretation of the threshold for concept of necessity in the Disaster Management Act in terms of which the government declared a state of disaster in response to the Covid-19 pandemic.
The court also erred in its application of the rationality test, which goes towards whether imposing a ban on cigarette sales was rationally linked to the purpose for which the government promulgated regulations in terms of section 27 of the act. "The question before the Court is rather, having regard to the evidence considered and relied on by the minister, could it be said that there is enough to conclude that the prohibition placed on the sale of tobacco products is justified?" the judges held.Lawyers for the minister argued that, based on the available scientific research, the government imposed the ban to prevent hospitals being overrun with smokers who presented with severe Covid-19 symptoms.
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