SCA dismisses govt’s bid to overturn tobacco gross sales ban ruling

In December 2020, the Western Cape Excessive Court docket declared the ban to have been each unconstitutional and invalid, on the again of an utility introduced by British American Tobacco South Africa.

FILE: The ban had threatened the steadiness of all the tobacco worth chain, the choose stated, leaving tobacconists unable to commerce and casual merchants pressured to shut store. Image: 123rf.com

JOHANNESBURG – The Supreme Court docket of Attraction (SCA) has dismissed authorities’s bid to overturn the 2020 ruling, which discovered the controversial tobacco gross sales ban applied within the early phases of lockdown to have been unconstitutional.

In December 2020, the Western Cape Excessive Court docket declared the ban to have been each unconstitutional and invalid, on the again of an utility introduced by British American Tobacco South Africa (BATSA).

Cooperative Governance and Conventional Affairs Minister Nkosazana Dlamini-Zuma – below whose hand the ban was effected – then lodged an attraction with the SCA, which was heard in March.

The appellate court docket handed down its ruling on Tuesday. It, too, has now been present in BATSA’s favour.

Decide Ashton Schippers, who penned the SCA’s ruling, stated the minister was obliged to point out the advantages of the ban exceeded the hurt it prompted – and that she hadn’t.

The ban had threatened the steadiness of all the tobacco worth chain, the choose stated, leaving tobacconists unable to commerce and casual merchants pressured to shut store.

Tobacco farmers, in the meantime, had no patrons and their livelihoods have been additionally positioned in jeopardy.

The court docket discovered the ban unjustifiably restricted the rights to dignity, bodily and psychological integrity, freedom of commerce and property.

It dominated on the extent to which these rights have been restricted – significantly towards what the court docket discovered was a “lack of factual and scientific proof”.

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