South Africa’s new smoking and vaping laws draw more fire

 ·29 Jan 2024

The Portfolio Committee on Health has held three more public hearings on the Tobacco Products and Electronic Delivery Systems Control Bill in the Eastern Cape, with opinions on the bill remaining mixed.

The Bill, which has been met with strong opposition from those working in the tobacco industry, aims to establish the following:

  • Indoor public places and certain outdoor areas will be determined to be 100% smoke-free;
  • The sale of cigarettes through vending machines will be banned;
  • Cigarette boxes will have to have plain packaging with graphic health warnings and pictorials;
  • A total ban on display at point-of-sale; and
  • The regulation and control of electronic nicotine delivery systems and no nicotine delivery systems.

The Committee held three public hearings in Mpumalanga in Butterworth, Queenstown and East London this last weekend.

With views on the Bill divided, here are some of the highlights noted by the Chairperson of the Portfolio Committee on Health, Kenneth Jacobs:


Not the same thing

In Queenstown, participants said that electronic delivery systems and tabacco need to be approached differently, with the former less harmful.

Some participants looked at the success of a differentiated and evidence-based approach in other countries, which South Africa could use.

Those who supported this view said that tobacco and electronic delivery systems cannot be regulated under one legislation.


Economic impact

The economic debate on the Bill was seen yet again, with those against the Bill in Butterworth referencing the damage that the Bill will do the nation’s already low levels of employment. They also argued that lost revenues may negatively affect the provision of necessary social programmes.

Small scale traders also rejected the Bill, stating that it will impact the viability of their businesses. They further argued that the closure of their businesses will disenfranchise them and destroy their ability to provide for their families.

In Queenstown, others said that clause 9 (5) of the Bill which proposes to prohibit the sale of tobacco products and electronic delivery systems via the internet, postal services or courier services, is illogical, as e-commerce is set to massively boost the economy.

However, those in support of the Bill in Butterworth poured could water on the economic impact concerns, stating that small-scale farmers must sell less harmful products.


Harm reduction

Some argued about the Bill’s characterisation of nicotine, and the lack of differentiation within the proposed laws to make room for harm reduction products.

However, those in support of the Bill in Queenstown recounted personal anecdotes that included loss of family members due to diseases like cancer and tuberculosis due to the use of tobacco products.


Think of the children

In Butterworth, those who supported the Bill said that it enhanced the prohibition of the sale of tobacco products to children.

There were concerns that the current advertising rules encourage young people to smoke, with the Bill seen as a way to reduce comsumption.

Strong support was also seen for the prohibition of the sale of tobacco products via vending machines to prevent access to young children.


Enforcement

Despite contrasting views on the Bill in East London, participants all agreed that the enforcement of the regulations remain a serious challenge.

Some participants noted that the South African Police Service is overloaded by the high crime rate already, making the Bill impossible to enforce.

Business owners also argued that compliance with smoke-free zones will be hard to monitor and may impact their business.


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