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[1] South Africa, like the rest of the world, faces an unprecedented crisis following the invasion of the COVID-19 virus, which poses a clear and present danger to human life. Through the Disaster Management Act[1] (“the Act”), the Government has imposed various measures in an effort to combat the virus and contain its escalation.  In particular, the second respondent, the Minister of Cooperative Governance and Traditional Affairs (“the Minister”) promulgated regulations pursuant to section 27(2) of the Act, which, amongst others, prohibit the sale of tobacco products, e-cigarettes and related products as part of the measures introduced to curb the escalation of the COVID-19 virus.

[2] The applicant, Fair-Trade Independent Tobacco Association (“FITA”) takes issue with the prohibition on the sale of tobacco products and seeks an order declaring that:

2.1 cigarettes and tobacco products are essential goods in Annexure B (regulation 11A) of the regulations published in Government Gazette No.43148 on 25 March 2020 (“the level five regulations”);

2.2 regulation 27 of the regulations published in Government Gazette No 43258 on 29 April 2020 (“the level four regulations”) is invalid, alternatively is reviewed and set aside;

2.3 regulation 45 of the regulations published in Government Gazette No 43364 on 28 May 2020 (“the level three regulations”) is invalid to the extent that the sale of tobacco products are prohibited, alternatively is reviewed and set aside;

2.4 the sale of tobacco products and cigarettes is lawful.