FITA: SCA appeal permission 'small victory'
The Supreme Court of Appeal has agreed to urgently hear the Fair-Trade Independent Tobacco Association's (FITA) petition to appeal the ban on tobacco product sales.
Late last month the High Court in Pretoria dismissed an attempt by FITA to appeal a previous ruling in favour of the ban during the COVID-19 lockdown.
FITA then approached the Supreme Court.
Government has been ordered to file its answering affidavit by no later than Friday.
"It's definitely good news, we were quite happy with the directive issued by the Supreme Court of Appeal," says FITA chairperson Sinenhlanhla Mnguni.
READ: Fita ‘not surprised’ by soldiers seen smoking at Mlangeni funeral
"When we embarked on this legal process, it was after a lengthy process of trying to engage with government which did not yield any fruit. To say that our pleas fell on deaf ears would be a groover-exaggeration.
"They did not even listen to us so we knew that embarking on journey where we approach the court might not yield immediate fruit, but we are confident long term that the application that we brought has merit."
If the association has a responding affidavit, it will have until next week Tuesday to respond.
The legal battle between government and the tobacco industry has been longstanding.
Mnguni admits this is only a minor victory.
"It definitely doesn't portray the government as a listening government or a consultative government as they've portrayed themselves.
"We don't know why this industry has been marginalised and it's very concerning because we contribute quite a lot in terms of employment and the fiscus as well and we're treated as some sort of unwanted visitor," he adds.
ALSO READ: High-ranking ANC KZN official filmed allegedly distributing alcohol
Mnguni says the ban continues to wreak havoc on the livelihoods of those who depend on the industry.
"There's going to be some serious casualties in the tobacco industry."
Listen:
