Multinational cigarette giant – British American Tobacco has described the ban on the sale of tobacco products during the lockdown as “unjustifiable” and “unconstitutional”.
The lawsuit is the second such case to be tabled against the government.
The company and nine others have told a full bench of the Western Cape High Court that the harm caused by the ban far outweighs the benefits to the public health system.
Alfred Cockrell, Counsel for British American Tobacco said:
“The rights to make those decisions include the right to make a decision that may be a wrong one, even if it is harmful to you.”
The applicants also tore into the medical evidence presented by the government to the court, saying at best it is smoke and mirrors.
In their view, the medical evidence doesn’t prove that a smoker will contract a more severe case of COVID-19.
Cockrell also stated that:
“There’s no data but it will give your lungs a fighting chance, and that comes from a non-medical doctor. That metaphor — a fighting chance is totally unscientific, but that’s the high watermark of the minister’s case.”
Multinational cigarette giant further argued the Cooperative Governance minister is relying on the illicit tobacco trade to get people to quit smoking.
The government said prohibition comes with a price and the ban won’t last forever.
The government will continue with its arguments on Thursday.
