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South Africa

Ramaphosa expected to lift alcohol and tobacco prohibition

───   10:30 Thu, 13 Aug 2020

Ramaphosa expected to lift alcohol and tobacco prohibition | News Article
PHOTO: ANA

President Cyril Ramaphosa is preparing to announce a decision to revise the country's Covid-19 lockdown restrictions to alert level 2 and end the divisive twin prohibition on tobacco and alcohol sales.


After a cabinet meeting on Tuesday, where recommendations from the forum of directors-general of government departments to this effect were received, the president initially agreed to make the announcement on Sunday night.

This would follow a consultative meeting with provincial premiers on Saturday.

However, on Wednesday well-placed sources said he might decide to do so sooner, partly because the eagerly-awaited agreement to lift the ban on tobacco sales could otherwise well unravel before Sunday as wrangling among cabinet members continued.

Health minister Zweli Mkhize and cooperative governance minister Nkosazana Dlamini-Zuma, who signed off on the regulation maintaining the ban in terms of the Disaster Management Act, are understood to oppose the move.

Mkhize's special advisor on Covid-19, Professor Salim Abdool Karim, on Wednesday told media that though infection numbers were dipping, a bit more time was needed before moving the country from alert level 3 to 2.

"We need a few more days. But it’s all going in the right direction. I am optimistic that we are now on a downward trend," he said.

Dlamini Zuma has defended the ban in court against separate challenges brought by British American Tobacco SA (BATSA) and the Fair-Trade Independent Tobacco Association (FITA).

The Western Cape High Court heard an argument from legal counsel for BATSA last week that the ban was not in line with either the constitution or the disaster act, and a ruling is due reasonably soon.

FITA is seeking leave to appeal a ruling in June by the North Gauteng High Court that upheld the ban but was widely seen as granting the minister too much leeway in implementing a prohibition without scientific evidence showing it would be essential in handling the pandemic.

The association argued in court papers filed on Tuesday that the supreme court needed to determine the extent of the minister's powers during the state of disaster, which was expected to be extended this week.

Respected constitutional law expert Pierre de Vos said that FITA had a fair chance to succeed on appeal.

Tobacco industry insiders noted that there have repeatedly been rumours in recent months that the ban, which took effect on March 27, may be lifted.

"I'm not holding my breath," said one.

But it is widely accepted that the ban has become a liability for the Ramaphosa administration, robbing it both of desperately needed tax revenue and popular support.

The Congress of South African Trade Unions has voiced support for lifting both bans to preserve industry jobs.

Cosatu's parliamentary convener Matthew Parks said this week saw extensive talks at consultative forum Nedlac with the alcohol industry, which indicated it would accept restrictions in return for being allowed to resume trade.


African News Agency (ANA)

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