Now smokers want to be heard by top court
Smokers, who argue that they are good enough for excise duty used to fund the healthcare system, have applied to the Constitutional Court for direct access to have their pleas heard, Beeld reports.
The smokers formed a non-profit organisation, Justice for RSA.
The NPO says in its application that the protracted court cases between the tobacco industry and the government do not have the interests of South African smokers at heart.
Bradley Timothy Hirner, one of the founders of the group, says in his affidavit smokers feel like ‘pawns in an increasingly confusing situation where we have no voice about what happens to us while a faceless entity dictates what we may and may not put into our bodies’.
The NPO adds that although smoking is not banned, the tobacco sales ban infringes on their constitutional rights, such as dignity, as they are forced to become criminals.
Many smokers, the NPO argues, are becoming increasingly desperate and some even contemplate suicide.
The smokers say very few actually quit due to sales ban and the government seems to ignore the fact that smokers simply do not want to quit and have the right to smoke if they wish.
The NPO says it has 57 000 supporters for the case and crowd-funded for legal fees.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
