Click here to read the full judgment on Saflii
Constitutional law – COVID-19 pandemic – regulation made under Disaster Management Act 57 of 2002 (the Act) – prohibiting sale of tobacco and related products – challenged as infringement of fundamental rights – dignity, bodily and psychological integrity, freedom of trade and deprivation of property – limitation under s 36 of Constitution – to reduce strain on health system – not established – interpretation of ss 27(2)(n) and 27(3) of the Act – tobacco ban unnecessary – appeal dismissed.
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