Image via Adobe Stock.

British American Tobacco South Africa (BATSA) has announced that it is "seeking urgent clarity" on the decision-making process that led to the government imposing an indefinite ban on the legal sale of tobacco products.

This after it was announced that cigarettes would no longer be sold under level 4 lockdown regulations.  

In a statement, BATSA said Minister Nkosazana Dlamini-Zuma's about-turn on the matter "was inconsistent with the President Cyril Ramaphosa's announcement which had already been arrived at under the established criteria and BATSA was already preparing for the resumption of sales."

"Minister Dlamini-Zuma admitted that some 70,000 submissions were received across a variety of topics.  The largest number (over 20,000), according to the Minister, related to exercise," the statement adds.

"2,000 submissions were, again according to the Minister, received about tobacco products.  Yet, despite this, the only previously and correctly announced decision that was reversed as a result of the submissions related to the sale of cigarettes.

"The Minister cited 2000 individual submissions received as a reason for this action.  This was, in itself, bizarre and highly irregular, principally because she did not give the tobacco industry, retailers, tobacco consumers and others supporting the lifting of the ban, the opportunity to comment on the proposed re-instatement of the ban.  This was grossly unfair and unlawful."

"We have requested Minister Dlamini-Zuma to amend immediately the latest version of the Regulations promulgated in terms of the Disaster Management Act, 2002 ("the Act").

"If we do not receive confirmation of amendment by 10h00 on Monday 4 May 2020 we will bring an urgent application to court."

The Fair Trade Independent Tobacco Association (Fita) has also said it will head to court to challenge the government’s decision to ban the sale of cigarettes.