THE case against Co-operative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma continued in the Western Cape High Court yesterday.
British American Tobacco SA and other cigarette manufacturers, including tobacco farmers, have argued the positive impact of the ban is greatly outweighed by negative impacts.
The minister has indicated the aim of the ban is to stop people from smoking, so that they don’t get a severe form of Covid-19.
On Wednesday, it was argued on behalf of Batsa that the constitutional rights of tobacconists and tobacco farmers were being violated by the ban, which put the industry’s entire value chain at risk.
Yesterday, Advocate Karrisha Pillay argued on behalf of the minister that the ban aimed to reduce smoking to free up resources for severe cases of Covid-19.
“This court’s role is not to assess which side’s scientific evidence is better, but the question is whether having regard to the evidence the minister had regards to, it can be said that she made a reasonable and rational decision,” said Pillay.
She said the minister, a medical doctor, herself read the majority of the relevant medical literature.
“The minister says the available evidence indicates that smokers are at risk of developing a more severe form of Covid-19, therefore making her ban a rational one.”
Advocate Alfred Cockrell argued on behalf of Batsa that, based on what the minister alleged in her court documents, just 10% to 15% of smokers would likely quit due to the ban because of the high price of black market cigarettes. Cockrell said the minister had not said what would be done to stop people from buying illegal cigarettes.
Advocate Andrew Breitenbach, also appearing on behalf of the minister, said as far as he knew, his side never claimed smoking would be reduced due to the higher price of illegal cigarettes.
Cockrell alleged that based on figures given in the minister’s court documents, Batsa’s legal team found there would likely only be 16 fewer ICU beds occupied due to the ban, compared to R38 million in tax lost each day. He said this was without counting job losses. – NEWS24
