The overarching rationale behind temporarily banning the
sale of tobacco products during level 4 of the lockdown was to protect human
life and health and to reduce the potential strain on the health-care system.
Also, the ban would mean that a “sizeable number of South
Africans” would quit smoking once the lockdown comes to an end - with the “poor
and youth ... particularly likely to quit”.
Co-operative governance & traditional affairs minister
Nkosazana Dlamini-Zuma made these comments in an affidavit filed with the high
court in Pretoria on Wednesday.
She was giving reasons for the decision taken by the
government to temporarily ban the sale of cigarettes and tobacco products
during level 4 of the lockdown, in an application brought by the Fair-Trade
Independent Tobacco Association (Fita). The association wants the court to set
aside the government's decision to temporarily ban the sale of tobacco
products.
President Cyril Ramaphosa has since announced that
cigarettes will remain banned under level 3 of the lockdown, which starts on
June 1.
“The constitution imposes positive duties on the state to
protect, promote and fulfil the rights in the Bill of Rights, including the
right to life and the right to have access to health-care services,”
Dlamini-Zuma said.
Dlamini-Zuma said the state thus had a duty to take steps
to reduce the burden on the health system, so as to ensure that those who need
these services can have access to them.
“This duty is particularly acute in the pandemic situation
in which we find ourselves.”
She said studies concerning the potential links between the
use of tobacco products and Covid-19 are still being undertaken.
“However, from the studies that have been done so far, the
evidence is that the use of tobacco products increases not only the risk of
transmission of Covid-19, but also the risk of contracting a more severe form
of the disease.”
This, in turn, increased the strain on the public health
system, by increasing the number of people who need access to resources such as
intensive care unit beds and ventilators.
She said banning the sale of tobacco products during level
4 lockdown served to reduce these risks.
“Empirical evidence shows that the health benefits of
stopping smoking begin soon after quitting.
In addition, she said a report by the Human Sciences
Research Council indicated that 88% of smokers were not able to buy cigarettes
during level 5 lockdown, suggesting that the temporary ban was effective in
reducing access to cigarettes and usage thereof.
She said decisions regarding level 4 restrictions had to be
taken in a manner aimed at protecting the rights to life and health care.
She said the health-care system, including health workers,
had to be protected and prevented from being overburdened and overwhelmed.
“In pursuit of these objectives, and after careful
consideration and discussion, it was deemed necessary to continue the temporary
ban on the sale of tobacco products under the level 4 lockdown.” Sowetan
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