Government says minutes on tobacco ban 'classified'

The government is refusing to hand over the minutes of the National Coronavirus Command Council (NCCC) meeting that made an about-turn on the cigarette ban because the council is a ‘co-ordinating structure of Cabinet’ and therefore its minutes are classified. That, notes Legalbrief, is the state’s response to the Fair Trade Independent Tobacco Association (Fita) demand in its urgent legal challenge to be provided with the minutes of the NCCC’s cigarette ban discussions. A News24 report notes government has formally indicated it will oppose the far-reaching court challenge to the lockdown tobacco sales ban. The Presidency has confirmed that cigarette companies are now allowed to manufacture and export tobacco products to other countries – but is adamant that the ban on local sales must remain in place. ‘We are not making any morality judgments on cigarettes, hence manufacture and export is allowed as part of resumption of economic activity,’ Presidency spokesperson Khusela Diko told News24. Fita wants the minutes of the NCCC meeting that led to President Cyril Ramaphosa's announcement that cigarette sales under the level four lockdown would be allowed; as well as the minutes of the meeting that followed that announcement, which led to Co-operative Governance Minister Nkosazana Dlamini-Zuma's announcement that the NCCC had changed its mind. Fita argues that Ramaphosa created a ‘legitimate expectation’ that cigarettes would be sold. It is crucial, Fita contends, that the NCCC account for the thinking that led to these announcements being made and later retracted. The association reveals in court papers that it has twice sought an explanation from the government about the NCCC's stance on cigarette sales, but has yet to receive one. The government is expected to file a response to Fita's application by close of business today.

The National Association of Democratic Lawyers (Nadel) has resolved to join the case as an amicus curia, notes Legalbrief. Nadel says experts it has consulted are of the view that it is in the best interest of society that cigarettes and tobacco product sales remain prohibited during the lockdown. It notes the World Health Organisation has said ‘smokers are likely to be more vulnerable to Covid-19 as the act of smoking means that fingers (and possibly contaminated cigarettes) are in contact with lips which increases the possibility of transmission of virus from hand to mouth. Smoking also put patients ‘at a higher risk of serious lung conditions such as pneumonia’, it says in a statement, adding it has instructed Ngeno and Mteto Incorporated to assist it in handling this matter. Nadel’s legal team will be led by of Advocate Gwala SC and Advocate Haskins.