LISTEN: Appeal Court confirms with cost tobacco ban illegal, unconstitutional

Gerhard van Onselsen

Gerhard van Onselen (Strategist – Sakeliga) discusses a recent judgment by the Supreme Court of Appeal on the Beleidsradar insert on Pretoria FM, Sakekern.

The court found in favour of groups such as British American Tobacco (BATSA), the Southern Africa Agri Initiative (Saai) and other implicated parties against the Minister of Cooperative Governance’s ban on the sale of tobacco products. The ban was instituded during the Covid-19 state of disaster. The court thus confirmed the High Court’s judgment that the ban was illegal and unconstitutional.

What is especially noteworthy is the fact that both courts thus far did not merely defer the matter back to government but evaluated on the grounds of the evidence and reasons presented by the minister. These were found inadequate.

The court granted a further cost order against the minister based on BATSA and others’ cross appeal.

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