The Fair-Trade Independent Tobacco Association, FITA, has been permitted to present its case to the Supreme Court of Appeal that tobacco should be declared an essential item during the national lockdown.
The Appeal Court granted the right to appeal after the Gauteng High Court earlier dismissed Fita's challenge of the ban on cigarette sales.
The Association and the government have been locked in a legal battle since cigarette sales were banned almost four months ago.
In his reaction, Fita's Sinenhlanhla Mnguni said they remained confident in the merit of their case and firmly believed the appeal would be granted.