Positive cases in South Africa rose by 233 to 7 808, with five more deaths taking the toll to 153, as intense public debate continued on the scale and reach of the lockdown.
Concerns about the ‘chilling effect’ of the lockdown on democracy in the country have been raised in a second letter to President Cyril Ramaphosa from a member of the legal fraternity, attorney Tracey Lomax.
Last week, advocates Nazeer Cassim and Erin Dianne Richards earned a sharp repudiation from the presidency after writing to Ramaphosa to express anxiety about the risk of pandemic crisis measures and the less than transparent functioning of the National Coronavirus Command Council (NCCC) undermining constitutional democracy.
In her letter, Lomax writes: ‘I regret that I must now urge you not to become hubristic. Do not dismiss us. Do not condescend to us. Take us into your confidence. Not only are we entitled to it, we deserve it. We have earned it.’
Lomax said she was ‘disappointed’ that Cassim and Richards’ letter calling for clarity on the NCCC’s functioning ‘would warrant a response that the request “places in jeopardy all measures taken to save South African lives”. This is most unfortunate and is likely to have chilling effect on anyone who wishes to raise legitimate concerns with your office in particular and with government in general. A preferable response would have been to simply answer the question.”
She said: ‘Most of us have faithfully heeded your call for social distancing, your call to protect our fellow citizens. We have isolated ourselves from friends and family, we have sacrificed many of the things which give meaning to life – social interaction with loved ones, a simple hug, a gentle touch. We have done so because we trusted you. That trust becomes fractured when our concerns are dismissed, when you go from family elder to condescending parent in tone and conduct.
‘I urge you to reconsider the position adopted by your office and your government. We are not your children. We are your citizens.’
The rumpus over the ban on cigarette sales took a new turn yesterday when British American Tobacco SA (Batsa) announced that it had decided to hold back on challenging the government in court.
News24 reported that Batsa said it had changed its approach after receiving a response from the government to its formal letter seeking answers on April 30.
At this stage, Batsa was willing to work with the government to find solutions rather than pursue legal action. It would ‘instead … pursue further discussions with the government on the formulation and application of the regulations’.
The company said: ‘We are convinced that by working together we can find a better solution that works for all South Africans and removes the threat of criminal sanction from 11 million tobacco consumers in the country.’
Batsa drew attention to the statement earlier this week from Sars commissioner Edward Kieswetter that the tax authority had ‘clear evidence’ that the illicit economy was ‘thriving’ and that there could be a shortfall of R285 billion in tax revenues this year. This, the company said, ‘lays bare the challenge facing the government, businesses and all South Africans.’
It said: ‘We urge government to consider an approach that will address their concerns while also ensuring legitimate businesses can contribute to this country’s economy and future growth. The illicit traders are the only beneficiaries of the ban on tobacco sales.’
Batsa has suggested that the government reopen cigarette sales where essential supplies are sold. Reopening the legal, taxed and regulated tobacco market must be part of the solution. Cigarettes should be sold only in established retail outlets where the government’s correct social distancing guidelines can be enforced.’