BATSA taking government to court again over cigarettes sales ban under level 3

British American Tobacco SA (BATSA) is heading to court again to challenge government’s not to lift the ban on the sale of tobacco products under level 3 of the Covid-19 coronavirus regulations.

Trade and Industry Minister Ebrahim Patel and Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma confirmed during a media briefing on Thursday that the sale of tobacco products would still not be permitted under level 3 which starts on Monday.

In a statement on Friday morning, BATSA said its effort to “constructively engage” with government since the ban was introduced had failed.

The company said it made submissions on the matter but had not received any response from government.

BATSA said it believed that the banning of cigarette sales would have dire consequences for the economy and lead to smokers relying on the black market.

Given the situation and the lack of response from government despite our ongoing efforts to engage with them, we are now commencing urgent legal proceedingsJohnny Moloto, BATSA’s head of external affairs

“Under level 3 consumers will again be able to buy all the products that have been restricted under levels 5 and 4 of the lockdown except tobacco products.

“Given the situation and the lack of response from government despite our ongoing efforts to engage with them, we are now commencing urgent legal proceedings,” said Johnny Moloto, BATSA’s head of external affairs.

He said as the largest tobacco manufacturer in the country, the company owed it to its consumers, customers suppliers and employees to do everything to protect the industry.

A few weeks ago when government made a U-turn on the sale of cigarettes, the BATSA and other companies dropped their decision to challenge the ban in court, choosing to enter into discussions with government instead.

“Having considered the response from government and noting President Cyril Ramaphosa’s public statement of May 4, as a business we have taken the decision not to pursue legal action at this stage, but instead, to pursue further discussions with government on the formulation and application of the regulations under the Covid-19 lockdown,” BATSA said at the time.