https://www.polity.org.za
Deepening Democracy through Access to Information
Home / Case Law / High Courts RSS ← Back
Africa|Products
Africa|Products
africa|products
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Verification Image. Please refresh the page if you cannot see this image.

Sponsored by

Close

Article Enquiry

Fair-Trade Independent Tobacco Association v President of the Republic of South Africa and Another (21688/2020) [2020] ZAGPPHC 246

Verification Image. Please refresh the page if you cannot see this image.
Close

Embed Video

Fair-Trade Independent Tobacco Association v President of the Republic of South Africa and Another (21688/2020) [2020] ZAGPPHC 246

3rd July 2020

ARTICLE ENQUIRY      SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

Read the full judgment on Saflii

[1] South Africa, like the rest of the world, faces an unprecedented crisis following the invasion of the COVID-19 virus, which poses a clear and present danger to human life. Through the Disaster Management Act[1] (“the Act”), the Government has imposed various measures in an effort to combat the virus and contain its escalation.  In particular, the second respondent, the Minister of Cooperative Governance and Traditional Affairs (“the Minister”) promulgated regulations pursuant to section 27(2) of the Act, which, amongst others, prohibit the sale of tobacco products, e-cigarettes and related products as part of the measures introduced to curb the escalation of the COVID-19 virus.

Advertisement

[2] The applicant, Fair-Trade Independent Tobacco Association (“FITA”) takes issue with the prohibition on the sale of tobacco products and seeks an order declaring that:

2.1 cigarettes and tobacco products are essential goods in Annexure B (regulation 11A) of the regulations published in Government Gazette No.43148 on 25 March 2020 (“the level five regulations”);

Advertisement

2.2 regulation 27 of the regulations published in Government Gazette No 43258 on 29 April 2020 (“the level four regulations”) is invalid, alternatively is reviewed and set aside;

2.3 regulation 45 of the regulations published in Government Gazette No 43364 on 28 May 2020 (“the level three regulations”) is invalid to the extent that the sale of tobacco products are prohibited, alternatively is reviewed and set aside;

2.4 the sale of tobacco products and cigarettes is lawful.

EMAIL THIS ARTICLE      SAVE THIS ARTICLE ARTICLE ENQUIRY

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options
Free daily email newsletter Register Now