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beyond the 21-day time period allowed for by the Municipal Systems Act 32 of
2000 which regulates the conduct of municipalities.

In deciding on the matter, the High Court found that the municipality, as an
administrative authority had no general power to create an exception for a
party who had failed to comply with the unconditional statutory time period
where the statutory provisions did not create scope for exceptions to be made.
Accordingly, despite the merits of whether an appeal should be considered,
the fact that the appeal was submitted late could not be condoned by the
Commercial and allow a late appeal.
municipality and the municipality did not have the power to make an exception

In your situation, it therefore sounds as if the same principle may apply and that
despite your perceived merits in believing you have grounds for an appeal, the
above principle will not allow your municipality to consider extending the period
for the lodging of an appeal.
Government procurement however remains an intricate area and it is advisable
that you obtain specialist legal advice before deciding on any specific course
of action in this matter.

Is it the end of smoking?

June 2018

“I am both a smoker and business owner that sells cigarettes. I understand
that new legislation is being proposed that will affect me as a smoker and my
business. Is this true and what should I be preparing for?”
You are correct in that a new draft Control of Tobacco Products and Electronic
Delivery System Bill, 2018 (“Bill”) was published for comment in May of this year.
The Bill has received mixed reviews with many of its provisions being flagged as
controversial.
The Bill will essentially replace the entire existing Tobacco Products Control
Act 83 of 1993 and proposes a new dispensation in respect of the control,
manufacture, selling and use of tobacco products, including so-called vaping
products or e-cigarettes. As such the implications of the new Bill are quite
extensive and would need to be carefully assessed for impact by a potentially
affected person or business.

Some of the key aspects that can be highlighted from the Bill are the following:
• The inclusion of what the Bill terms “electronic delivery systems” or

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