The North Gauteng yesterday dismissed a court application submitted by the Fair-Trade Independent Tobacco Association against the court’s previous ruling on the tobacco ban.
The association previously made an appeal on 26 June 2020 which argued that the country’s ban on the sale of cigarettes was irrational. The appeal was dismissed.
FITA’s chairman Sinenhlanhla Mnguni confirmed that the organisation will now petition the Supreme Court of Appeal (SCA) for leave to appeal the ruling.
Previously, the court heard arguments from bothe sides ,the governement and FITA and ultimately decided to dismiss the appeal because the governement had argued that smoking could lead to an increase in coronavirus cases and death and could further put more risks on the public health system.
Following the intial ruling on 26 June, the association applied for leave to appeal the ruling and the case was heard on 15 July 2020.
Advocate Ronald Subel who represented FITA pointed out that although nobody is arguing that smoking is harmful to health, the banning of tobacco products is irrational and is based on low-quality evidence.
The North Gauteng High Court has now dismissed this application, which means that FITA will need to take its case to the Supreme Court of Abbitration to proceed further.