The national state of disaster over power cuts is being contested in court — rulings on the tobacco ban give clues as to the outcome.
Based on the Covid tobacco cases, the courts considering challenges to the load-shedding disaster will need to decide whether there is a “necessary and objective connection” between the steps government has taken and what it aims to achieve. This sets a high standard of proof for the government.
There could, however, be different interpretations of the quality of rationality required, particularly if the minister relies heavily on section 27 of the. This section allows the minister to make regulations or issue directions concerning “other steps that may be necessary to prevent an escalation of the disaster”.
The Fair Trade court was sympathetic towards the executive. Its judgment set a low bar for the minister of co-operative governance & traditional affairs to prove that the decision to ban the sale of tobacco products was rational. It held that to prove the rational relationship between tobacco prohibition and the government purpose , the minister needed only to show a “sufficient rational basis” for the action.
South Africa Latest News, South Africa Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
State can’t drop Covid grant without a backup, says GodongwanaBut the 2023/24 budget makes no provision for the extension of the grant beyond March next year
Read more »
State can’t drop Covid grant without a back-up, says GodongwanaBut the 2023/24 budget makes no provision for the extension of the grant beyond March next year
Read more »
State of disaster legal challenges: Covid vs load-sheddingThe national state of disaster over power cuts is being contested in court — rulings on the tobacco ban give clues as to the outcome.
Read more »
Power cuts: SA’s state of disaster is being contested in courtSouth Africa has declared a second national state of disaster in less than three years, the first was the COVID-19 disaster.
Read more »
FACTS AND FLAWS: Debating the state of the nation – Which MPs got their facts right?Africa Check took a closer look at some of the claims made during the debate on the State of the Nation Address. Which MPs got their facts right? And who needs to do more homework?
Read more »
MALAIKA MAHLATSI | Why state must enter student housing marketMALAIKA MAHLATSI | Why state must enter student housing market: The failure by the government to participate in the student housing market is indicative of its short-sightedness.
Read more »