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Covid-19: Tobacco association plans to challenge cigarette ban

The Fair-Trade Independent Tobacco Association said that they feel the government has left them with no option but to appeal the ban in court.

The Fair-Trade Independent Tobacco Association (Fita) announced on 17 April that they have decided to approach the courts for relief on the cigarette ban.

As a part of the lockdown, trade of all tobacco products has been banned. A statement released by the association said, “This decision was not taken lightly and we had hoped that a logical solution in the best interests of all concerned would be arrived at without the need for litigation.”

The association said that while it fully supports the measures taken by the president to ensure the safety of citizens, the uncertainty around the current restrictions and whether or not the lockdown period would be extended beyond the current end date has left them with little choice but to take such a drastic step.

“The simple truth is that the current situation cannot be endured for much longer by the various role-players along the tobacco industry value chain without severe consequences for all. This includes farmworkers, factory workers, informal traders, and the many other ordinary South Africans who rely on the tobacco industry for a living, and whose livelihoods are currently at stake.”

The association said that it has seen a rise in people committing crimes in order to obtain cigarettes and a boom in the illegal trade of cigarettes. It also highlighted that the South African Revenue Service (Sars) does not benefit from the ban, due to all the taxes generated for the sale of cigarettes.

“The long and short of this all is that the regulations have not stopped people from buying cigarettes during the lockdown period. People are sourcing cigarettes and other goods from underground markets to the detriment of the fiscus.”

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