Judgment reserved in Fita cigarette appeal application
Judgment has been reserved by the High Court in Pretoria in the leave to appeal application by the Fair-Trade Independent Tobacco Association (Fita).
On Wednesday, the court heard arguments from Fita against a previous ruling on the ban on the sale of tobacco products.
The same three judges that dismissed the previous application will now decide whether or not the judgment can be appealed.
Fita chairperson Sinenhlanhla Mnguni says the group is hopeful that the court will rule in their favour.
“The judgment will be delivered by the course of next week and we are hoping to have the judgement by next Friday.
“At this point in time it’s a question of waiting a week or so.”
Mnguni says their argument is premised on 10 pillars, including that the court erred in its decision to agree with the government that a ban should be in place.
“We are happy with the bench that heard that matter and we know these are very senior judges and we are happy that they will apply their minds to the arguments raised.”
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He adds the ban on tobacco products has cost the fiscus billions of rands.
“Obviously the Minister of Finance has come and said he does not support the ban because he understands that he needs his money.
“The commissioner for Sars also stated that the government had lost about R15 billion as a result of the banning of the sale of cigarettes and alcohol.”
Fita believes there is a reasonable prospect that the Supreme Court of Appeal would come to a different finding on the ban on the sale of tobacco products.