TOBACCO CONTROL LAWS

Savanna Tobacco Company (PTY) Ltd. v. Minister of Finance, et al.

A cigarette company sought an order from the High Court for the release of cigarettes that were detained after South African officials suspected the cigarettes were being smuggled into the country. The company contended that the cigarettes were manufactured in Zimbabwe and were in transit through South Africa. The High Court dismissed the application and determined the activity was an attempt to smuggle the cigarettes into the country since, among other reasons, the detained cigarettes bore the marks that clearly prove the cigarettes were destined for South Africa.

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Savanna Tobacco Company (PTY) Ltd. v. Minister of Finance, et al, 23708/2005, High Court of South Africa, Transvaal Provincial Division (2005).

  • South Africa
  • Aug 16, 2005
  • High Court of South Africa, Transvaal Provincial Division

Parties

Plaintiff Savanna Tobacco Company (PTY) Ltd.

Defendant

  • The Commissioner of Customs, SARS
  • The Controller of Customs, Musina
  • The Minister of Finance

Legislation Cited

Customs and Excise Act No. 91 of 1964

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

Tobacco Control Topics

Illicit Trade
Measures relating to illicit trade, including smuggling, illicit manufacturing and counterfeiting. (See FCTC Art. 15)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Criminal Violation
A claim of an infringement of any criminal law.

Type of Tobacco Product

None

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