The Pretoria High Court judgment states that while the medical material and other reports which were used to show the link between a higher Covid-19 coronavirus progression among smokers were inconclusive, there were grounds for government to promulgate regulations 27 and 45 of the Disaster Management Act outlawing the sale of tobacco products and cigarettes. Picture: iStock/ Zhang Rong

• BATSA urged government to ratify the World Health Organisation’s Illicit Trade Protocol, if it hoped to eradicate the trade of illicit cigarettes.
• BATSA said independent research shows cigarette brands associated with FITA have completely taken over the market over the past five months of the sales ban.
• FITA rejected BATSA’s accusations as an attempt to direct law enforcement agencies towards its competitors.

British American Tobacco South Africa has urged government to ratify the World Health Organisation’s Illicit Trade Protocol now that the ban on cigarette sales has been lifted, in a bid to combat illicit trade it fears has taken root under the ban. 

In a statement issued on Monday, BATSA noted South Africa had signed the comprehensive international rules.

Batsa, which previously held the lion’s share of market share in the country, said it had lost a significant amount of market share under the sales ban, yet research had shown that most smokers had been able to purchase cigarettes. 

Illicit traders were cashing in, it said. 

Batsa also charged in its statement that cigarette companies associated with the Fair-Trade Independent Tobacco Association took over the tobacco market over the past five months, when the trade of tobacco products was banned – something FITA, for its part, strongly denied.

The ban on cigarettes has been a bone of contention for the tobacco industry, with FITA contesting the ban in court. The Supreme Court of Appeal in Bloemfontein granted FITA leave to appeal in its case against the tobacco ban after the North Gauteng High Court in Pretoria dismissed the appeal. FITA has said it plans to continue with its court action despite the lifting of the ban. 

BATSA argued that ratifying the World Health Organisation’s Illicit Trade Protocol would help eradicate the trade of illicit cigarettes and level the playing field for all market competitors by ensuring all cigarette producers are compliant.

“BATSA made its call as the company confirmed comprehensive independent research that shows cigarette brands mainly associated with the FITA have completely taken over the market over the past five months of the sales ban,“ the statement said.

BATSA said the University of Cape Town’s Research Unit on the Economics of Excisable Products found that from 23 000 respondents, 93% of all smokers were still able to purchase cigarettes during the lockdown and tobacco ban.

Professor Corné van Walbeek, who conducted the UCT research, found that BATSA took the largest knock due to the tobacco ban, but found that some retail outlets improperly sold properly obtained and taxed cigarettes out of their own stores during the lockdown.

Fin24 previously reported on the research, which found the market was in “disarray”. 

“The market share of BATSA products has dropped from 48.0% prior to lockdown to 8.7% in June. The relatively minuscule amount of people who have reported being able to buy BATSA brands almost certainly obtained them out of pre-lockdown shipped retail stock,” the BATSA statement said.

‘Shenanigans’

FITA chairperson Sinenhlanhla Mnguni said the association rejected BATSA’s accusations with contempt, calling them “another attempt to deflect attention away from its well-documented shenanigans” and to direct law enforcement agencies towards its competitors.

“We also reject any assertions that FITA members have in any way benefited from the ban in the sale of cigarettes during the lockdown period.

“All our members’ exports during the period under the lockdown period within which exports were permitted were at all times strictly supervised and controlled by officials of the South African Revenue Service,” Mnguni said.

However, Mnguni did agree it was critical to maintain a fair market.

Mnguni said it was incumbent on the state to level the playing field in the tobacco industry to give local employers and contributors to the economy a competitive and fair trading environment.

Meanwhile, Philip Morris South Africa managing director Marcelo Nico said in a statement that the company would reopen its 24 IQOS retail stores and resupply trade partners to service IQOS users and smokers looking for alternatives to continued smoking.

“Many of our IQOS consumers were disappointed at not being able to purchase our products during the lockdown ban. We are working to support them and win back their trust. We have implemented strict safety, social distancing and hygiene measures at our stores to protect our consumers and staff,” said Nico.

Nico said regulators should support scientific evidence and improved regulations to benefit smokers and public health. 

President of AMCU Joseph Mathunjwa has called for the transformation of the SA economy.

• At the eighth anniversary of the Marikana massacre, AMCU president Joseph Mathunjwa called for the transformation of the SA economy.
• Mathunjwa dubbed the fatal event eight years ago as the Sibanye-Stillwater massacre. 
• He also said the government should revise the education system, as well as trade agreements, to protect local industry.

It’s time the SA economy moved away from being extractive and instead empowered workers through industrialisation, said Joseph Mathunjwa, president of the Association of Mineworkers and Construction Union (AMCU).

Mathunjwa, on the eighth anniversary of the Marikana massacre, delivered an address in Johannesburg on Sunday.

On 16 August, 2012, 34 mineworkers were gunned down during a protest at Lonmin Platinum’s operations in the North West town of Marikana.

“What happened on 16 August, 2012, was carefully planned and orchestrated by the unholy alliance of the state and capital, to protect their interests. It transformed a democratically-elected government into a fascist state,” said Mathunjwa.

He dubbed the fatal day as the “Sibanye-Stillwater Massacre”.  

Sibanye had acquired Lonmin’s operations nearly seven years after the event – in June 2019.

But, in his remarks, Mathunjwa said that Sibanye-Stillwater was no different to its predecessor, using the same “modus operandi”.

“We previously said it is wrong to call it the Marikana massacre. Marikana only refers to the place where it happened, and not the responsible party, which was Lonmin.  

“We said it should be called the Lonmin massacre. But now Sibanye-Stillwater has been given Lonmin as a trophy for their exploitation of workers’ rights,” he said.

“We are going to call it the Sibanye-Stillwater massacre, these people are cousins, they are the same. Their behaviour, how they walk, how they hear, how they see, how they perceive, how they draw opinions on black lives, is the same,” said Mathunjwa.

Sibanye-Stillwater senior vice-president James Wellsted said Mathunjwa’s remarks on Sibanye-Stillwater’s involvement were “clearly spurious and disingenuous”.  

“Sibanye-Stillwater did not even exist in 2012, when the tragic events at Marikana unfolded and, other than the recent acquisition of Lonmin by the group, to try and imply a link between Sibanye-Stillwater and those events is absurd,” said Wellsted.  

As the new owners of the operations, Wellsted said Sibanye-Stillwater acknowledged the legacy of Marikana as well as the social responsibilities associated with it acquiring Lonmin.

“We are committed to creating a new future in the region along with our stakeholders. This includes addressing past injustices, including appropriate reparation for the 44 widows and families who were directly affected by the tragedy,” he said.

Commenting more broadly on the economy, Mathunjwa said the massacre was a “tipping point” of the deep-rooted injustices of the structural deficiencies in the SA economy.

He explained that since the first anniversary of the massacre, the union had been calling for a more transformed economy, moving away from its extractive nature, which created wealth for other nations.

“It is time for industrialisation and investment in our own infrastructure,” said Mathunjwa.

The government should place a moratorium, only allowing 60% of platinum and other minerals to be exported, while having the remaining 40% beneficiated domestically, to create jobs, he said.

The union also wants to have trade agreements reviewed and to see tariffs in place to protect industry and to ensure the country does not become a “dumping ground” for exports.

“As workers, we produce things we don’t consume and can’t even afford; this is an unsustainable economic model.”

Mathunjwa also said the South African education system must be revamped, to produce job creators and not job seekers, as the education system is designed to serve a capitalist power.

In calling for an end to capitalism, he also said that the recently acquired $4.3 billion loan from the International Monetary Fund (IMF), to aid efforts to combat Covid-19, was capitalist approach to solving problems.

“Capitalism alone can’t address the challenges of Africa,” he said.

Mathunjwa added that the IMF loan would leave future generations indebted.

In a separate statement on the massacre, the government said that while work has been done in conjunction with the private sector to “change lives” of those living in Marikana, more needed to be done for communities across the country.

GCIS director-general, Phumla Williams said the government was focused on restoring confidence in the labour market, in order to address income inequalities and socio-economic challenges, among other things.

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Prominent lawyer Tumi Mokwena when he was acquitted of attempted murder charges.

• The SCA has dismissed Limpopo lawyer Tumi Mokwena’s bid to stop his practice’s trust accounts and books from being inspected. 
• The court said Mokwena failed to provide exceptional circumstances.
• It is unclear whether Mokwena will be taking his application to a higher court. 

The Supreme Court of Appeal (SCA) has dismissed with costs an application by prominent Limpopo-based lawyer Tumi Mokwena to stop the Law Society of the Northern Provinces from inspecting all trust accounts and books relating to his practice.

Mokwena approached the SCA after his appeal against a Limpopo High Court order to open his files for inspection was dismissed last year.

He applied to the SCA for reconsideration or variation of the decision.

The SCA has now found that Mokwena, in his application, failed to provide exceptional circumstances.

Judge Mandisa Maya, president of the SCA, said: “The application in terms of S17(2)(f) of Act 10 of 2013 is dismissed with costs for the reason that no exceptional circumstances warranting reconsideration or variation of the decision refusing the application for leave to appeal have been established.”

The matter originates from a complaint lodged with the law society by a member of the Bjatladi Communal Property Association, which is the beneficiary of the Zebediela Citrus Estate through the land reform programme.

Complaint about R10 million deposit, further R28 million

The complaint involved R10 million deposited into Mokwena’s law firm trust account and a further R28 million made available through several payments by Exotic Fruit Company. All the money remains unaccounted for.

This happened when Mokwena was running the affairs of the citrus estate on behalf of the communal property association.

It was at the same estate where he allegedly fired several shots at disgruntled workers. However, he was later acquitted of attempted murder charges.

Mokwena did not respond to several phone calls and messages to find out if he would approach a higher court or would comply with the court order.

The law society has indicated it has instructed its audit department to commence with the inspection of the law firm’s accounts and books.

Mokwena is also facing an application for liquidation brought by local businessman Sthembiso Bethuel Bosch in the Limpopo High Court.

Bosch apparently deposited R1.5 million and a further R150 000 into Mokwena’s trust account for the purchase of a property that did not materialise.

Mokwena is opposing the application.

The late Dr Walter Reynolds with his family.

• South African-born doctor Walter “Tokkie” Reynolds was murdered in Canada.
• An alleged drug addict attacked him after showing up at a clinic and demanding pills.
• Reynolds reportedly emigrated to Canada to escape high crime levels in South Africa.

“We lost a friend. A brother. A son. A father and a husband. We all lost a person who lived life to the fullest.”

Tributes have been pouring in following the death of Walter “Tokkie” Reynolds, the South African-born doctor who was allegedly murdered by a hammer-wielding “drug addict” in Canada on Monday.

Johan Myburgh, a friend and colleague of Reynolds, has set up a crowdfunding campaign to help his family with funeral and other expenses.

Reynolds, 45, died following the attack at a clinic in Red Deer, Alberta, in Canada. It was reported that an alleged drug addict attacked him after showing up at the clinic and demanding pills, which Reynolds refused to dispense.

According to court documents, Deng Mabiour, 54, has been charged with first-degree murder, assault of a peace officer and assault with a weapon (a machete or imitation of it), according to the Edmonton Sun. His case has been postponed to 9 September.

Alberta premier Jason Kennedy tweeted: “Saddened to learn of this horrendous and fatal attack on a Red Deer doctor. Can’t imagine the pain and sorrow his family and clinic staff are now going through. On behalf of all Albertans, our deepest condolences go out to them.”

According to Netwerk24, Reynolds ironically emigrated to Canada to escape high crime levels in South Africa.

READ | SA doctor allegedly murdered in hammer attack by ‘drug addict’ at Canadian clinic

Myburgh said the campaign will solely be used by Anelia, Reynolds’ wife, to pay for travel expenses for her and Walter’s close family from South Africa, funeral expenses and his daughters’ education.

“On a normal sunny Monday morning, 10 August, life changed forever for the Reynolds family. Walter tragically lost his life serving his community as a family doctor. An unimaginable, horrific act of violence took him away from his loving family. He was attacked in his office by a patient,” Myburgh wrote.

Devastated and heartbroken

“His friends, colleagues and community mourn an exceptional human being lost too soon. We all are devastated and heartbroken. He was a devout father to two amazing young daughters and a loving husband. He loved to run, be healthy, and – most of all – spend time with his family.”

By noon on Thursday, the campaign had raised in excess of $200 000 (R3.5 million).

Myburgh wrote: “We are overwhelmed by the tremendous outpouring of generosity shown by our community, our province, our country and even from people all over the world. Walter touched so many lives with his presence.”

In a statement, Village Mall Clinic, where Reynolds was working when he died, described him as “sharp-witted, a devoted husband, and an amazing dad for his two beautiful young daughters”.

“Our friend, Dr Reynolds – better known to us as Walter or Wallie – moved to Canada in 2003 with his wife, Anelia. They moved from Manitoba to Red Deer in 2006 and started working at Village Mall Clinic soon after,” the statement read.

“He was passionate in life. If there was a race to run, then he was there. He ran from marathons to mud races, from Sinister Seven to Spartan challenges. He would be frequently seen jogging with his wife around the neighbourhood, or sweating it out at the gym.

“If there was a campsite to explore, then they were there. Always exploring. Always on an adventure. Always on the move… so full of life.

“With this same energy and dedication Walter put into life, he gave to each of his patients. From the delivery room to the hospice, he dedicated himself one hundred percent. If there was a task at work that needed to be done, he would step up to the plate. If a patient needed help, he walked the extra mile… and then some.”

‘One day at a time’

“How do you process the loss of a friend that always organised camping trips and entertainment for the kids; who made a telephone tag team to ensure tickets for everyone to attend the daddy-daughter dance? How do you comfort a wife whose soulmate was ripped from her? How do you replace a dad’s presence in the lives of two little girls next to the fastball field, at the swim meet, or the dance recital? We can’t. But with the grace of God, with the love of Jesus, and the peace of the Holy Spirit, we will take one step at a time. One day at a time.”

“Our hearts go out to Walter and Anelia’s families left behind in South Africa. We lost more than a colleague. We lost a friend. A brother. A son. A father and a husband. We all lost a person who lived life to the fullest.”

The Ontario Medical Association (OMA) also paid tribute to Reynolds. “Doctors dedicate their lives to improving the health and well-being of their patients. Together with other healthcare workers, they put themselves at risk every day to help others – especially now, as physicians and healthcare workers around the world fight Covid-19.

“Dr Reynolds’ violent death is shocking and devastating. It reminds us of the dangers that healthcare and other frontline workers face daily,” the OMA said.

A memorial service for Reynolds will be held on Friday evening.

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