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 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 »
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 »
Nigerians to elect new state chiefsNigerians to elect new state chiefs: Nigerians will return to the polls on Saturday to elect state governors across the country, two weeks after a disputed presidential election, with the main focus on the race to lead Lagos, the country’s economic…
Read more »
Nigerians to elect new state chiefsNigerians will return to the polls on Saturday to elect state governors across the country, two weeks after a disputed presidential election, with the main focus on the race to lead Lagos, the country’s economic heartbeat and wealthiest state.
Read more »
Nigeria: INEC Shifts Governorship, State Assembly Polls to March 18·Says postponement to ensure adequate time to backup data stored on over 176,000 BVAS used for presidential, NASS elections
Read more »