SOUTH AFRICA – The war against the cigarette ban has intensified after the Minister of Cooperative Governance and Traditional Affairs (COGTA), Nkosana Dlamini-Zuma, said the ban is continuing under level 4.

This was after President Cyril Ramaphosa announced on 23 April that cigarette sales would resume under lockdown level 4, and on 29 April during a ministerial briefing, Dlamini-Zuma announced that the cigarette ban will continue. Dlamini Zuma’s announcement caused dismay from stakeholders in the tobacco industry with others alleging that the Minister of Cogta is involved in illegal cigarette dealings.
According to a media statement from the government, President Ramaphosa said the decision was made collectively. “After careful consideration and discussion, the NCC reconsidered its position on tobacco. As a result, the regulations ratified by Cabinet and announced by Minister Nkosazana Dlamini-Zuma on 29 April extended the prohibition.”, he said.
The spokesperson in the Presidency, Jackson Mthembu, said the initial decision to reinstate cigarette sales was informed by the National Command Council, however, after further discussions the cabinet resorted to revoke the tobacco sales. A petition on change.org with over 505 800 signatures by 6 May to oppose the cigarette ban mentioned that, “However, this ban is a farce and not only a ministerial power trip but we are beginning to believe there are ulterior motives, as Nkosazana Dlamini-Zuma’s alleged past dealings with the illegal tobacco trade and its representatives have resurfaced.”
The African National Congress Women’s League said it condemns allegations made against Cogta Minister for overlooking the President. “The ANCWL respects the freedom of speech, but however, we cannot be silent when other people are spitting their misogynists and racist venom bile on Minister Dlamini-Zuma disguising under the right of freedom of speech,” they said. “Minister Dlamini-Zuma’s biggest sin was to announce the Ministerial Command Team (MCT) decisions in particular that selling of cigarettes and tobacco-related products remains prohibited in level 4 of the lockdown.”, said ANCWL statement.
Several organisations including British American Tobacco South Africa have called out the government for revoking the cigarette sales, others saying Ramaphosa speaks but Dlamini -Zuma has the final word. “The U-turn has left Cyril Ramaphosa with egg on his face and his authority dented, if not seriously undermined,” Tax Justice South Africa said in a social media post.
The Lead SA representative, Yusuf Abramjee, wrote, “The criminal syndicates are making big money every day. The illicit trade is thriving. Some are now even selling cigarettes at traffic lights. Others are trading on Facebook.” The statements were sparked by several reports from South African Police Service arrests from the confiscation of illicit cigarettes around the country mostly from Gauteng, which cost South Africa 35 million daily on tax revenue.
However, to much surprise, the biggest cigarette supplier in South Africa, British American Tobacco South Africa (BATSA) announced that it is longer taking the government to court over the cigarette sales ban instead it considers negotiating for cigarette sales at retail outlets where social distancing measures can be adhered to. “Whilst BATSA supports the government in its mission to prevent the further spread of the covid-19, we believe it is vital that there is a renewed and stronger effort under Level four to permanently close down the illegal supply lines of tobacco that have been established over the past number of weeks,”
BATSA said.
“Reopening the legal, taxed and regulated tobacco market must be part of the solution,” they said. It remains to be seen what measures and actions will be taken by the government considering BATSA’s revised consideration of legal action and the statement which suggests there is a possibility for government to reconsider the ban.