Co-operative governance & traditional affairs minister Nkosazana Dlamini-Zuma is within her powers to make regulations which prohibit the sale of tobacco products during the state of disaster.
“One fact that we should not forget in deliberations in this matter is that we are dealing with a new [pandemic] which is ravaging, not only this country, but the whole world at a rapid rate,” Moerane said.
Moerane said the responses of those who had the responsibility of looking after the lives and health of South Africans had to take that reality into account. “In other words, the responses have to be proactive and the responses have to be swift. We don't have the luxury of having inquiries that will take time and that will consume resources of the state before action is taken.”“Though the body of knowledge is increasing, what science tells us is probable has to guide the reaction of the state.”
In her papers filed before court, Dlamini-Zuma said studies showed that the use of tobacco products increased not only the transmission of Covid-19, but also the risk of contracting a more severe form of the disease.However, Gauteng Judge President Dunstan Mlambo told Moerane that counsel for Fita, Arnold Subel SC, had argued that the evidence provided by the minister was inconclusive and therefore did not justify the ban.
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