The government will appeal the Western Cape High Court judgment that the ban on the trade of tobacco products during the hard lockdown — aimed at curbing the spread of Covid-19 — was unnecessary.
The case was brought to court by tobacco traders, including British American Tobacco SA (Batsa), after the sale of tobacco products were banned during the hard lockdown. The sale of tobacco products was allowed again only in mid-August when the country moved to level 2 of the lockdown.
The case was heard in August after the restrictions on the sale of tobacco products was lifted, and judgment was delivered in December.
In the judgment, the court found that Regulation 45 — which Dlamini-Zuma used to effect the ban — could not stand up to constitutional scrutiny, was unnecessary and would not serve objectives set out in Section 27 of the Disaster Management Act.