British American Tobacco contests SA lockdown ban

South Africa went into a strict nationwide lockdown on March 27 to curb the spread of the coronavirus, including a ban on cigarette and alcohol sales.

Last week, President Cyril Ramaphosa gave a green-light for the economy to gradually reopen from June 1, including offsite consumption of alcohol, under strict controls. 

Tobacco products remain banned however.

"Given the situation, and the lack of any response from the government despite our ongoing efforts to engage with them, we are now commencing urgent legal proceedings," BATSA head of external affairs Johnny Moloto said in a statement.

"We owe it to our consumers, customers, suppliers and employees to do everything in our power to protect the legal tobacco trade in South Africa, and to get the prohibition of tobacco products lifted as a matter of urgency."

Though it had already threatened to sue the state, BATSA initially opted for talks with the South African government to overturn the ban.

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BATSA, which covers 78 percent of the legal cigarette market in South Africa, said a continued ban on legal sales threatens the sector and the livelihoods it supports.

Supplying cigarettes through 50,000 outlets including grocery stores, liquor shops, informal traders and fuel stations, BATSA reported paying R13 billion in taxes last year.

Its legal action has been backed by Japan Tobacco International and by groups and organisations representing consumers, retailers and tobacco farmers, who agree that the ban is fuelling an illicit cigarette market.

According to BATSA, the South African treasury is losing R35 million in excise taxes per day as a result.

South Africa was already in recession before the coronavirus struck in March and the economy is now forecast to contract by more than six percent in 2020.