The application was brought by Fair-Trade Independent
Tobacco Association (FITA) after a rule was introduced in August 2022 which
allowed SARS to install surveillance in factories in an effort to combat
illicit activities.
FITA said the new law was a violation of privacy. The
association represents at least 80% of licensed cigarette manufacturers in the
country.
Speaking to Newzroom Afrika, FITA chairperson Sinenhlanhla
Mnguni said SARS was in violation of the constitution and manufactures privacy.
“Their law was arbitrary, it hasn’t been applied in terms
of the global standard anywhere in the democratic world. It has only been
applied in countries such as Vietnam and China.
Government salutes officers who refused R250,000 bribes
after R6m truckload of illicit cigarettes entered SA
“The court sided with us and said this is a blunt
instrument, it doesn’t only assist the tax collector in collecting information
in as far as its obligation from the tax collection point of view, but it goes
further than that, it collects everything that is visible to the camera.
“This constitutes violation to privacy in as far as both
the employees and the owners of the factors. Its a violation to employees who
have not consented to a 24-hour surveillance and with all sorts of information
being available to SARS,” Mnguni told the broadcaster.
Meanwhile, SARS argued that it loses billions in annual
revenue due to tobacco tax evasion.
This might be a short victory for FITA as the main
application regarding the CCTV rule is yet to be heard.
IOL News
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