[Intl-tobacco] South Africa: R1bn Anti-smoking Suit Filed (fwd)

[Robert Weissman]

R1bn Anti-smoking Suit Filed
by Philip de Bruin / 05/10/2000 20:46 - (SA)
Source: News24, Thursday, 10/5/00

Johannesburg - Documents detailing the biggest civil action in South
African legal history - a class action of R1 billion - were filed with the
registrar of the Pretoria High Court on Thursday.

The groundbreaking civil action marks the first time that court papers
have officially been issued in a class action suit in South Africa. =20
Cases like these have already been successfully heard in the United States
and England.

Twenty-eight-year-old Sandton claimant, Howard Joselowitz, alleges in
court papers he is instituting action on behalf of all South Africans who
smoke and who have been detrimentally affected by tobacco smoke.

The defendants are R J Reynolds Tobacco Company and the registrar of
patents and trade marks.  R J Reynolds is the South African manufacturer
of Camel cigarettes, Joselowitz=92s preferred brand of cigarettes.

Joselowitz has also, in the notice of motion attached to the papers, asked
the court for an edictal citation (a process through which court papers
can be served on people outside the country). The citation will allow
Joselowitz to serve a summons on R J Reynolds's holding company in North
Carolina, United States within 30 days.

The R1 billion claim is divided into two categories. Joselowitz (and
certain others whose names will be made known) is claiming R500 million in
the class action which, if successful, will be paid into the government's
Guardian Fund so that the money can be used for all victims of tobacco
smoke who require medical help.

He is claiming a further R500 million in his personal capacity from R J
Reynolds's for violating his constitutional rights.  He does not want this
money to be paid to him personally, but suggests it also be paid into the
Guardian Fund.

He submitted that although he had been smoking for several years, he only
became aware of the detrimental effect of tobacco on his health about a
year ago.  He said he had smoked since he was 14.  Although he has often
tried to break the habit, he has yielded to the "addiction" again and
again.

Joselowitz submitted that while R J Reynolds had no representative in
South Africa, three patents in the company's name have been registered in
South Africa.  He accordingly asked the court to order that the patents be
confiscated until the claim of R1 billion has been settled.