Tag: Dr Nkosazana Dlamini Zuma

Dr Nkosazana Dlamini-Zuma

News: Dlamini-Zuma cannot promise she will not reinstate ban on cigarettes

According to BusinessTech, Cooperative Governance and Traditional Affairs (Cogta) minister Nkosazana Dlamini-Zuma cannot promise that she will not reinstate a ban on the sale of cigarettes and other tobacco products.

While the sale of tobacco products was lifted for the first time in nearly five months on Tuesday (18 August), the future of tobacco sales remains a key point in an ongoing court case between the government and tobacco companies.

The Fair Trade Independent Tobacco Association (Fita) has told the government that if it promises not impose a tobacco ban in the future, it will withdraw its case, News24 reported.

In a letter sent by the state attorney to Fita, the government said that Dlamini-Zuma cannot give an undertaking and agree to this condition as it limits the minister’s powers under the Disaster Management Act.

“This is not because they intend to reinstate the temporary prohibition at a later stage, but simply because agreeing to this condition would constitute an impermissible and unlawful fettering of the minister’s discretion conferred upon her in terms of the Disaster Management Act 57 of 2002.”

“‘That said, the minister can, and does, undertake that any future decision regarding the sale of tobacco and tobacco products, if any, would be taken in accordance with the law and the requirements of legality.”

During lockdown Dlamini-Zuma initially banned tobacco sales, citing the dangers of Covid-19 as a respiratory disease.

“There was evidence coming from other countries showing that some smokers tend to have a more serious disease which means we will need more ICU beds and maybe more ventilators,” she said.

“On the other hand, the results of stopping smoking do show pretty quickly. Your respiratory tract does improve quickly and just your general well-being improves – that’s why it was prohibited temporarily.”she said

Dr Nkosazana Dlamini-Zuma

News: ‘Why ban cigarettes and not cooldrinks?’ Batsa asks Dlamini-Zuma

If co-operative governance & traditional affairs minister Nkosazana Dlamini-Zuma is concerned that sharing cigarettes may increase the spread of Covid-19, why did she not ban the sale of cooldrinks as well?

This was one of the arguments advanced by British American Tobacco SA (Batsa) before its legal fight to overturn the cigarette sales ban. Batsa — and other litigants including farmers, processors, manufactures, retailers and consumers — are taking legal action against Dlamini-Zuma, President Cyril Ramaphosa and the national coronavirus command council in the high court in Cape Town, TimesLive reported.

Cooperative governance and traditional affairs (Cogta) minister Nkosazana Dlamini-Zuma will defend her decision to ban the sale of tobacco products in the high court in Cape Town on Wednesday.

“As far as the minister’s concern is that smoking and vaping increase the risk that people may develop Covid-19 as a result of repeated hand-to-mouth action associated with smoking and vaping, this concern could be addressed in a less restrictive manner by way of awareness campaigns regarding hygiene and hand washing,” Batsa said in court papers.

“That is, after all, why the government has implemented widespread education and awareness campaigns to educate the public to take measures to reduce the spread of the virus. For example, the government has not prohibited the sale of cold drinks merely because they are capable of being shared from the same bottle or can; it has rather educated consumers not to share bottles or cans.”

According to TimesLive, Batsa says in court papers that Dlamini-Zuma’s decision has increased risky behaviour among smokers because of the proliferation of illicit cigarettes.

“The minister accepts that measures like these ‘will go some way to alleviating the risks of such conduct’,” the court documents read.

“However, she adopts the position that risky behaviour in the form of cigarette-sharing would increase if the prohibition were to be lifted. The correct position is exactly the reverse: the prohibition added to the incidence of risky behaviour because it encourages the growth of the illicit market for cigarettes at exorbitant prices.”

Batsa is set to use expert evidence to poke holes into the scientific literature which informed Dlamini-Zuma’s decision to ban cigarettes sales.

Dr Nkosazana Dlamini-Zuma

BREAKING NEWS: British American Tobacco case postponed until early August

Dr Nkosazana Dlamini-Zuma

The ongoing legal feud between cigarette manufacturers and the government has taken a new turn as the case between British American Tobacco South Africa’s (Batsa) and the Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma has been delayed.

British American Tobacco (BATSA) says it has received communication that the court hearing on the prohibition on the sale of tobacco products will be pushed out by a further six weeks.

BATSA said it received communication on Friday (26 June) that the application being brought by it and others against the ban has now been listed for 5 and 6 August.

This is despite BATSA agreeing, on the instructions of the judge president, with the state president and Cogta minister, that the case should be heard on 30 June, it said.

“This is why all sides agreed that the hearing should be scheduled for Tuesday, next week, and why all court papers had been filed by Wednesday (24 June).”

This delaying of justice and a resolution of this issue is inexplicable, said Johnny Moloto of BATSA.

 By the time the case is heard the ban will have been in place for four and half months during which time billions of illegal cigarettes will have been sold, he said.

Source: The Citizen, BusinessTech

Dr Nkosazana Dlamini-Zuma

COVID-19: Tobacco Ban – BATSA and Dlamini-Zuma in court next week.

British American Tobacco South Africa has presented hard-hitting arguments to court in a bid to prove government’s tobacco ban is irrational and based on faulty evidence.

This as news broke on Thursday night that the mega-court case will finally be heard next week according to Fin24.

In her court papers, Dlamini-Zuma controversially argued that the economic damage from the cigarette ban was being partially mitigated by a flourishing illegal market, representing economic activity.

Now BATSA has hit back in papers lodged with the High Court on June 24.

In an affidavit, CEO of BATSA, Andre Joubert, argues Dlamini-Zuma:

  • failed to make a convincing legal argument that the cigarette ban was legally necessary;
  • failed to make a legitimate health arguments, to show smoking increased the chance of contracting Covid-19, or that smokers would be worse-off if they did contract the virus
  • failed to show the ban had stopped the purchase of cigarettes.

Instead, Dlamini-Zuma had admitted 21 billion cigarettes would likely still be bought illegally, without due taxes accruing to government, leading to a multi-billion rand loss in government income.

In his affidavit, Joubert argues that when Dlamini-Zuma admitted “I do not say that the medical literature is absolutely conclusive”,  she lost the credible right to then claim it is “necessary” to prohibit the sale of tobacco and vaping products.

Joubert argues the Minister provided “no evidence” to show that smoking cessation for a limited period would reverse or reduce the risk of contracting a more severe form of Covid-19, adding that she admits, in her court papers, that due to the “newness” of the disease, there is not enough data to assess whether or to what extent the chance of infection or disease progression decreases upon quitting smoking.

The report includes a scathing attack on Dlamini-Zuma’s answering affidavit, in which she had suggested increasing export activity as a remedy to economic damage caused by the local ban.

Her papers had also stated that an increase in illicit trade would in itself boost economic activity.

The matter is due to be heard in the Western Cape division of the High Court on Tuesday June 30.

Source: Fin24

(RP)

Dr Nkosazana Dlamini-Zuma

AfriForum – Forced quarantine regulations scrapped

These regulations, which AfriForum regards as draconic and irrational, were aimed at putting everyone who tests positive for COVID-19 under compulsory state quarantine.

The Minister agreed that AfriForum’s application should be made an order of court, which determines that the regulations should be read in such a manner that people who are able to effectively self-isolate, be allowed to do so.

AfriForum’s application was based on the fact that these regulations are, according to the organisation, unconstitutional, illegal and irrational.

The regulations determine, among other, that everyone who tests positive for COVID-19 – regardless of whether they show any symptoms – will soon be put in the government’s isolation facilities.

The Department failed to oppose AfriForum’s application.

These regulations would have given the state the power to force people into quarantine without their permission – even under circumstances where the person may be able to effectively self-isolate.

It would consequently have given law enforcers and the state too much power under the guise of combatting the spread of the virus.

“The importance of civil rights organisations and institutions that oppose autocratic and irrational decisions by government has become increasingly clear during this lockdown. When the government abuses its power and try to bully the public by violating people’s rights, AfriForum will stand up against it – to the benefit of everyone in the country,” says Monique Taute, Head of Campaigns at AfriForum.

This is the second court victory that AfriForum has achieved against the government relating quarantine regulations. The same court ruled earlier this month that the horrible Zithabiseni quarantine camp near Groblersdal had to be closed and that the people being quarantined there had to be allowed to go home.

Source: AFRIFORUM

Coat_of_arms_of_South_Africa-5c33a88346e0fb00013b521c Coat_of_arms_of_South_Africa-5c33a88346e0fb00013b521c

Media briefing by Dr Nkosazana Dlamini Zuma

Media briefing by Dr Nkosazana Dlamini Zuma, Minister of Cooperative Governance and Traditional Affairs Level 3 in line with the Risk-based approach to contain the Spread of COVID-19

 

Colleagues;

Members of the fourth estate;

Compatriots.

 

84 days have lapsed since the first reported case of COVID-19 on our shores. From that day onwards, led by the steady hand of the President, we have put in place measures to contain the spread of the virus and save lives. These measures have been coordinated by Cabinet with the advice and inputs of the various Command Councils in all our spheres of governance.

 

All these levels and spheres have greatly benefitted from inputs of various experts and scientists, including those that serve in the Minister of Health’s Advisory Committee on the Coronavirus.

 

Our efforts have also been directed by consultations we have had with various sectors and constituencies in our country including the local government, traditional leaders, religious sector, NEDLAC and the private sector.

 

We have also benefitted from the overwhelming support we have received from all South Africans.

 

Ordinary South Africans from all walks of life, political persuasions, religious conviction and cultural backgrounds from all races and classes have largely heeded our call to stay at home, practice hygiene measures such as washing of hands and maintaining a safe social distance. These simple but effective measures are the most important ammunition in our fight against COVID-19, in the absence of a cure or vaccine.

 

We have also been encouraged by the reignition of solidarity and activism by millions of South Africans, who through acts of kindness have ensured that those who are less fortunate are fed, cared for and have access to masks and sanitizers. Indeed, we have confirmed ourselves as a great and resilient nation. The measure of a great nation is how it treats the weakest and not the strongest, as once said by Madiba.

 

Thanks to your sacrifices and contributions we have managed to flatten the curve, but the peak of the curve remains in the horizon. As we migrate the country into Alert Level 3, as announced by the President, we must redouble our efforts so as to further contain and prevent deaths.

 

These next phases of our fight and Level 3 allows us to open up all the productive sectors of our economy, al be it to a moderate degree in some high-risk sectors. This risk level, thanks to the employ of the Risk Adjusted Strategy allows us to maintain the delicate balancing act between saving the lives and livelihoods of South Africans.

 

It also requires greater responsibility and discipline from all us as citizens of this resilient nation.

 

Consequently, at this alert level everyone who enters a work, public space and/or public transport must wear a cloth face mask or a homemade item that covers the nose and mouth. We must also ensure that all our public facilities have sanitisers and that all patrons are screened.

 

These coming phases also confirm prevention as a corner stone of our response. It is only healthy communities and individuals that can drive our recovery plan, on the other side of the infection curve. We must also remain cognisant of the ever-present danger of reversing the gains we have thus far recorded. “In fact, the risk of a massive increase in infections is now greater than it has been since the start of the outbreak in our country”, to quote the President.

 

Compatriots, as we have said before, our Risk Adjusted Strategy is also based on a combination of sound and scientific advice and benchmarking against international experience. Countries such as Vietnam have inspired our approach to eventually reduce the numbers of infection and curb the loss of lives. To paraphrase Che Guevarra, we must aim to have at least as many Vietnams as we have provinces and districts. Thus, in the employ of the Risk Adjusted strategy we have subjected each province and district or metro to its own level of the risk alert system. This will assist us in mounting coordinated and targeted interventions, especially in the deployment of our limited resources.

 

Nonetheless, as per the announcement of the President, we will move the whole of South Africa to Risk Level 3, which implies certain adjustments to our Level 4 Regulations. However, our state of national lockdown continues, until such time we have flattened the curve for a sustained period.

 

In this regard, our differentiated approach and risks levels will be directed by the advice we will receive from the Minister of Health and inputs from the WHO, ministerial advisory committee, experts and various cabinet ministers. These levels are applicable “at a provincial level and … to all metropolitan areas and districts within that province, unless a different alert level is explicitly determined… as a hotspot”.

 

So far, we have only identified potential hotspots, and we are doing all we can to change the fortune of these areas. In the event that our collective efforts bear little or no fruits, such an area will require added efforts including subjecting it to higher level restrictions including the limiting of movements within and to and from a hotspot.

 

In the areas that are not hotspots we will allow movements within the district and localities. We will permit movement only to and from work, as well as to buy or obtain available goods, services and medical attention. Limitations on movement across provinces and now between metropolitan areas and districts and hotspots is prohibited, except for persons travelling for purposes of starting work; moving to a new residence; or caring for an immediate family member. Provided such persons have the relevant permits.

 

Given that schools will open in phased approach, we will also open travel in between provinces and districts for pupils, students and teaching staff.

 

As said by the President we will lift the curfew and allow more time for exercising, walking, and cycling. However, this is permitted so long as this is not done in organized groupings. In this regard, health protocols and social distancing must be strictly observed.

 

Public training, fitness and recreation facilities remain closed except those conducting non-contact sports matches, without spectators. The Minister of Arts, Culture and Sports will elaborate on this.

 

Workplace gatherings for work purposes will be permitted under strict conditions and the observance of health, hygiene and social distancing protocols. Employers must ensure that the 1.5 metres distance is maintained amongst employees. We will have to limit the number of people in the workplaces, so that we minimise the chance of infection.

 

In minimising the chances of infection, on site consumption places for food, entertainment and recreation will remain closed. These include places such as restaurants, shebeens, taverns, night clubs, bars, cinemas, theatres, fêtes, bazaars; casinos; and similar places.

 

As will hotels, lodges, bed and breakfasts, timeshare facilities and resorts and guest houses, remain closed, except those that are accommodating remaining and confined tourists, persons lodging as a result of work purposes; and persons in quarantine or isolation. The various ministers will elaborate on these aspects especially the Minister of Tourism.

 

With regards to funerals. At Level 3 we will continue to limit interprovincial travel for the purposes of attending funerals. Those permitted to travel are legal spouses or partners of the deceased; children or grandchildren of the deceased, whether biological, adopted or stepchildren; children-in-law of the deceased; parents of the deceased whether biological, adopted or stepparents; siblings, whether biological, adopted or stepbrothers or sisters of the deceased; and/or grandparents of the deceased.

 

Indeed, the virus, has challenged our ways as a society and our various cultures.

 

This is a time when we should all join in meditation, fellowship and prayer. Consequently, we will have a national-day-of-prayer, on Sunday, as announced by the President. This day must be observed in the comfort of your homes or through virtual means.

 

We have also widely consulted with the religious sector and are now in a position to categorise religious counselling as an essential services. This will enable the millions who have been affected by the virus, to receive this much needed service, since the majority cannot afford professional attention of this nature.

 

We will also permit religious gatherings such as church services as of June 1, so long as health, hygiene and social distancing is observed. This means that we must maintain 1.5metres between the maximum of 50 congregants, should the chosen venue be able to accommodate such. We must all be wearing masks when we attend our places of worship, and the washing of hands or sanitization should be undertaken prior to worship.

 

Our places of worship must be sanitized, and the screening of participants is mandatory. The issued directions elaborate on the other protocols that should be observed.

 

Our lived experiences have shown funerals as high COVID-19 transmission vessels. Consequently, we will continue to limit the number of funeral attendees to 50. Provided the transportation, hygiene, health and social distancing protocols and guidelines are observed. The station commanders of all our police stations a charged with the duty to keep meticulous records with regards to the funerals and number of attendees.

 

Recent experiences particularly in the Western Cape, Eastern Cape and Limpopo show that interprovincial travel has contributed to community transmissions. Consequently, travel between our provinces remains prohibited with the exception of those in possession of permits to attend funerals or conduct essential services and level 3 functions in between our provinces and districts. Which forms are available as an attachment to the regulations we publish today.

 

Our international ports of entry remain closed except for those designated by the Minister of Home Affairs to undertake (a) the transportation of fuel cargo and goods; and (b) humanitarian operations, repatriations, evacuations, medical emergencies, movements for diplomatic and international organisations and staff and other exceptions.

 

The Minister of Home Affairs will also elaborate on the category of persons allowed to undertake international travel under exceptional circumstances these include those returning to work, study or residence here and abroad. Suffice to say, this category of persons will be expected to adhere to strict entry and exit protocols which include screening, quarantine or isolation, sanitisation, social distancing and the wearing of masks.

 

In order to ensure smooth movement of employees and as a measure to carefully and gradually open our economy we will also permit a limited domestic air travel service. The Minister of Transport will soon announce and attach relevant directions in this regard as well as in relation to across country and interprovincial cargo which is also currently permitted. Suffice to say current regulations, directions, guidelines and health protocols will be strengthened so as to factor in the increased and gradual return to work of many more people.

 

Amongst those returning to work are all public servants, with the exception of those who have permission to conduct work from home from time to time and those that are older than 60 or carry with them comorbidity conditions. Our message remains the same — work from home if you can, wash your hands, and maintain a safe 1.5 metre social distance from the next person. The Minister of Public Services and Administration has issued a circular in this regard.

 

This provision also means that local governments can and will operate close to full operation. Consequently, council meetings and gatherings can resume with strict social distancing, hygiene and health measures. Directions in this regard will be issued.

 

Given the potential for further transmissions, we will continue to prohibit public engagements such as iZimbizo and IDP consultations and limit them to virtual, electronic and broadcast platforms as we are currently doing.

 

The various associations and businesses have also developed industry specific guidelines. However, recent experiences, particularly in the mining sector, direct us to strengthen these, in consultation with the various industries.

 

Compatriots, when we embarked on this journey, we did say it would not be smooth sailing. We have had to adjust our plans as we gained and gathered more experience.

 

COVID-19 has hit hard on all South Africans, particularly those who are vulnerable and homeless. We have mounted a response. But we cannot afford to have many more in the streets. To this end, we will continue to prohibit the eviction of tenants during level 3.

 

However, given that rental income is also an important livelihood stream for some, we have inserted the possibility for a competent court to grant an eviction order provided it is just and equitable.

 

The sale of tobacco, tobacco products, e-cigarettes and related products remains prohibited, except when they are destined for the export market.

 

The sale of liquor in licensed premises will now be permitted as of the 1st of June 2020, for the limited period between Mondays and Thursdays from 09h00 and 17h00. However, onsite consumption is prohibited, and e commerce sales will be permitted subject to the same onsite trade days and times. The Minister of Trade, Industry and Competitions will elaborate in this regard, suffice to say no special or events liquor licenses will be issued for the duration of the state of national disaster.

 

In opening our economy, we must maintain a firm eye on our goal of flattening the curve and minimising the rates of infections and deaths. We must remain conscious of the ever-present danger that we can quickly reverse our gains if we act too hastily and irresponsibly. To this end, the operating sectors of our economy must pay attention to strict, health, hygiene and social distancing measures. Workplaces must employ extra ordinary measures to protect our citizens. We must therefore minimise the number of workers at the workplace at any given time, and also encourage remote working.

 

We must also secure the livelihoods of our citizens. The social and economic measures we have implemented, have at times not fully reached the intended recipients. Through collaboration and conceited actions, we will better target our interventions, so that we see a brighter and better South Africa, beyond the virus.

 

All the measures we have implemented are difficult, but necessary. We must endure today so as to secure the future of this beautiful nation.

 

Morena boloka Sechaba sa heso!!

About Tame Times

Tame Communications (known as tameTIMES) was established in 1997. This long-established popular community title includes the key shopping centres:  Alberton City, Mall...

Get in Touch