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Ban on cigarettes raises temperatures

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The concept of striking a balance between economy and health has been more evident during the coronavirus pandemic than ever before. It comes as the government faces a court battle over its decision to ban the sale of cigarettes during the nationwide lockdown, which is in its 5th week. Smokers rejoiced on the eve of 23rd April when President Cyril Ramaphosa announced that the easing of lockdown restrictions to Level 4, would relax the ban on cigarette sales.

This was however short-lived after COGTA minister Nkosazana Dlamini Zuma stated that the National Covid-19 Command Team “reviewed the decision” and reinstated the ban. She cited the “obvious” health risks as reasoning, adding that the sharing of cigarettes in impoverished areas adds to that risk.

The British American Tobacco South Africa announced on Wednesday that it had changed its mind about pursuing legal action, after receiving a response to concerns posed in a letter at the end of April.

It opted instead to enter into further discussions with the aim of meeting a common ground. In a statement, it, however, maintained that “illicit traders are the only beneficiaries of the ban of tobacco products” and this remains damaging to the health of citizens and the economy.

“We are convinced that by working together we can find a better solution that works for all South Africans and removes the threat of criminal sanction from 11 million tobacco consumers in the country,” read the statement.

On Wednesday, the South African Revenue Services (SARS) Commissioner Edward Kieswetter revealed “clear evidence” the illicit economy is “thriving”. The company cited a total of R10 billion a year that South Africans were losing in revenue to the illegal sale of cigarettes.

The criminal practice was exacerbated by the ban on sales, which saw prices being raised exponentially and smokers sneaking through backdoors and side streets to avoid being caught out feeding their habit. Kieswetter went on to announce the possibility of a R285 billion shortfall of in tax revenues.

“We urge the government to consider an approach that will address their concerns while also ensuring legitimate businesses can contribute to this country’s economy and future growth. The illicit traders are the only beneficiaries of the ban on tobacco sales,” read the statement.

Meanwhile, the court case between the government and the Fair Trade Independent Tobacco Association (FITA) was reinstated after Dlamini-Zuma’s announcement. The association wrote to the president in April seeking clarity on how the ban assisted in the fight against Covid-19. They pursued legal action after not receiving a response but withdrew plans to head to court after the president’s announcement.

It then went back on its decision as well and had on Tuesday submitted an affidavit of more than 100 pages to court, which included testimonies from health experts, tobacco company owners and petitioners. The petition in favour of lifting the ban garnered more than 500 000 signatures by Wednesday.

FITA Chairperson Sinenhlanhla Mnguni said the cigarette sales ban infringed on the rights of smokers and that the “far-reaching traumatic effects” of sudden withdrawal weren’t adequately considered. Mnguni reiterated that Ramaphosa and Dlamini- Zuma’s sudden change of heart was “unconstitutional” and hadn’t followed any due process. The pair were cited as first and second responders in the court papers.

Speaking to VOC, Dr Richard Van Zyl-Smit from the University of Cape Town (UCT)’s Division of Pulmonology and Lung Institute, explained that there hasn’t been an official microstudy which combines smaller studies and comes to a conclusion, but evidence has pointed to smokers being more vulnerable of being severely impacted, should they contract COVID-19.

“The data on ‘are smokers at risk of contracting COVID-19 compared to non-smokers’ is unclear at this point. But the evidence that we do have is that if you do get it, you are more likely to go on to get a severe disease or get into the intensive care unit,” he said.

Van Zyl-Smit had however recognized that government was in a tough position and so were smokers.

“There are serious concerns about health, finances, job losses. It is a particularly difficult time to try to quit,” he said.

“That’s really what we want though; for smokers to use this time to really stop smoking.”

He explained that “going cold turkey” is not something smokers should fear and that the first few days are the most challenging. Thereafter, it becomes easier.

He added that the ban on sales won’t stop people from smoking and that if they do quit now, staying clean will require added effort once the ban is lifted

“Considering that the virus is going to be around for a while.”

“It’s a difficult argument and I can understand where the government is coming from. I think it’s part of a strategy to improve social distancing, reduce trips to the shops, to try to reduce infection. It’s a radical decision. The socializing and sometimes sharing associated with smoking may place you at additional risk,” he added.

Government has maintained that the decision was made in the interest of South Africa’s health. It has until Friday to decide whether or not it will object.

VOC


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