British American Tobacco takes on Dlamini-Zuma over 'bizarre' cigarette restrictions

This after it was announced that cigarettes would no longer be sold under level 4 lockdown regulations.  

In a statement, BATSA says Minister Nkosazana Dlamini-Zuma's about-turn on the matter "was inconsistent with the President’s announcement which had already been arrived at under the established criteria and BATSA was already preparing for the resumption of sales."

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"Minister Dlamini-Zuma admitted that some 70,000 submissions were received across a variety of topics.  The largest number (over 20,000), according to the Minister, related to exercise," the statement adds.

"2,000 submissions were, again according to the Minister, received about tobacco products.  Yet, despite this, the only previously and correctly announced decision that was reversed as a result of the submissions related to the sale of cigarettes.

"The Minister cited 2000 individual submissions received as a reason for this action.  This was, in itself, bizarre and highly irregular, principally because she did not give the tobacco industry, retailers, tobacco consumers and others supporting the lifting of the ban, the opportunity to comment on the proposed re-instatement of the ban.  This was grossly unfair and unlawful."

BATSA says: "The reasons advanced by Minister Dlamini-Zuma for the reversal of President Ramaphosa’s decision are both wrong in law and in science.  Aside from the number of submissions, the Minister speculated that poorer people sharing cigarettes could be more likely to pass the virus to each other. This deliberately ignored the fact that sharing cigarettes with someone from outside your own household is impossible if the government’s own social distancing guidelines are being adhered to.  Also, a prohibition based on the fact that something can be shared by citizens would be, logically, extended to practically any foodstuff or cutlery, or shaking hands.  None of this is regulated.  They are practices rightly addressed by education."

BATSA points out that research by the  Human Sciences Research Council points to a surge in the sale of illegal cigarettes during the lockdown, often at inflated prices. 

"If anything is likely to encourage citizens to share a tobacco product it is a highly inflated price.  In any case, the “sharing of a cigarette” is not featured in any of the criteria across all five levels of the Risk Adjusted Approach as a reason to prohibit sales," says BATSA. 

"We have requested Minister Dlamini-Zuma to amend immediately the latest version of the Regulations promulgated in terms of the Disaster Management Act, 2002 ("the Act").

"If we do not receive confirmation of amendment by 10h00 on Monday 4 May 2020 we will bring an urgent application to court."

The Fair Trade Independent Tobacco Association (Fita) has also said it will head to court to challenge the government’s decision to ban the sale of cigarettes.