In court, the South African government has maintained that the upholding of the ban on tobacco sales is legal and scientifically supported, reported news24.

The government is maintaining that the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini-Zuma, acted legally and rationally when banning the sale of cigarettes and tobacco products during the nationwide lockdown.
The court case, brought by the Fair Trade Independent Tobacco Association, was heard by three judges on June 10. The group is being represented by Advocate Arnold Subel SC, who argued that the current medical evidence does not support the assertion that smoking leads to more severe cases of COVID-19, as there are not yet enough peer-reviewed studies on this subject. According to the report, it was also argued that the ban has not decreased smoking and has increased mistrust between citizens and the state.
Marumo Moerane SC represented the state and argued that the minister had acted in light of statements made by the World Health Organisation, which has stated that smokers “are more likely to develop severe disease with COVID-19, compared to non-smokers and others”. He also added that if the minister were to wait for more “definitive proof” of the link between severe COVID-19 and smoking, then she would be in breach of her other obligations. Judgement has been reserved.