‘Where there’s smoke, there’s fire’: Fita fears another tobacco ban

This comes after the Department of Cooperative Governance and Traditional Affairs approached the Supreme Court of Appeal at the start of the week to challenge a damning judgment by the Western Cape High Court. 

The High Court previously ruled in favour of British American Tobacco South Africa (BATSA), ruling that regulation 45 of the Disaster Management Act was unconstitutional.    

The latest litigation has sparked some fears of a renewed tobacco ban. 

Fair-Trade Independent Tobacco Association (Fita) chairperson Sinenhlanhla Mnguni says government’s decision to appeal the matter could open up a can of worms.  

“We’re a bit concerned about that decision mainly because the decision comes sometime after the lifting of the ban on cigarettes and of course we would hope that government would have elected to move on from this and not continue to push for the potential ban on the sale of cigarettes, which with the appeal now being in place, it has the potential of now doing.” 

Mnguni describes government's latest move as regrettable.

“I’m not fully surprised but in the same context I’m a bit perturbed by their decision to take this decision given the resources that are required to continue to challenge a ban of this nature.  

“I am a bit worried by the fact that government chose to go this route instead of potentially looking to engage in as far as alternative means that they feel they want to, at some later juncture, implement a ban on the sale of cigarettes,” he adds. 

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The National Coronavirus Command Council (NCCC) will hold its first meeting of the new year on Wednesday. 

The NCCC meetings are often followed by an address by President Cyril Ramaphosa, where regulations are revised. 

But government has already denied rumours that President Ramphosa will address the nation this week. 

Mnguni says the government must engage with the industry before taking any hasty decisions.  

“For our industry right now it’s a period of uncertainty in a sense because we don’t know what the National Coronavirus Command Council meeting has in store and further, we don’t know what government, flowing from that, intents on doing with in as far as any restrictions on the tobacco industry. We’re watching this with extreme keenness,” he explains.  

Mnguni bemoans the prospects of another ban, adding that a possible loss of jobs and the growth of the illicit trade will cripple the industry again.  

“We’re in the hands of government as it currently stands because of course another ban would be quite impactful on our industry.” 

Listen to Mnguni below: