“This fortifies our view that the objectivity requirement has been fulfilled,” the judges say. They state that, according to Dlamini-Zuma, these were taken into account. The trio of judges also state that because SA was one of just two countries — Botswana being the other — to have banned cigarettes had “no consequence” on the SA government's decision for the ban. In regard to the “thriving trade” in illegal tobacco products, the court said that it was Fita's contention that the ban “has rather had the effect of encouraging trade in illicit cigarettes”. Fita also argued that the surge in prices meant that more people were sharing cigarettes — in direct opposition to the stated objectives and reasoning behind the ban.

Source: The Herald June 26, 2020 15:00 UTC