Strict new smoking laws for South Africa step closer
The Portfolio Committee on Health has begun clause-by-clause deliberations on South Africa’s new smoking laws, bringing the years-long, oft-delayed legislation closer to reality.
This week, the committee began processing the Tobacco Products and Electronic Delivery Systems Control Bill after it voted in favour of the desirability of laws in June.
The desirability vote was a key step in advancing the laws, bringing the committee on board and in line to get the bill to the National Assembly and ultimately the president’s desk.
The current step in the process is the clause-by-clause deliberations, where MPs will consider amendments, including those that address various concerns raised about the laws.
From there, the committee will finalise its report and send it to the National Assembly for further debate.
Broadly, the bill seeks to tighten regulations on smoking and vaping in South Africa by:
- Banning indoor smoking and vaping in public spaces;
- Enforcing plain packaging with graphic health warnings;
- Removing all retail product displays;
- Prohibiting advertising, sponsorships, and promotion of tobacco and e-cigarette products;
- Restricting sales through vending machines, including at certain private spaces where children or non-smokers are present;
- Treating vaping products the same as traditional cigarettes.
Violations of the law will carry penalties such as fines and lengthy jail terms.
The bill, which has been in process for several years, concluded its last round of public consultations at the end of 2025, where issues were flagged.
One of the key points of concern was the differentiation between combustible cigarettes and non-combustible nicotine products.
The bill, in its current form, treats combustible and non-combustible products through the same regulatory approach. This is set to change.
Apropos, committee chair Faith Muthambi announced that lawmakers have already formally recognised the distinction between combustible and non-combustible products, which she said was a “key milestone”.
Another important definition was the critical issue of illicit trade. Stakeholders had argued that stricter and tighter smoking laws would push consumers to the black market, boosting illicit trade.
This had already been experienced in the sector after the COVID-19 lockdowns banned the sale of cigarettes, opening the way for the illicit market to now dominate trade.
“The committee accepts that illicit tobacco products seriously undermine tobacco control measures and represent a heightened public health risk to all citizens,” Muthambi said.
“To address this, most committee members highlighted that the ratification of the Protocol to Eliminate Illicit Trade in Tobacco Products is crucial.”
This ratification will provide the necessary regulatory framework to effectively combat illicit activities while ensuring the Bill remains fully aligned with the South African Constitution, she said.
Importantly, the committee chair said that there was “broad alignment among all political parties represented in the committee” toward the laws.
This, she said, was a positive indication that the processing of the laws would continue constructively.
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