New smoking laws for South Africa a step closer
Parliament’s Portfolio Committee on Health has resolved to proceed with processing the widely-debated Tobacco Products and Electronic Delivery Systems Control Bill.
In a meeting last week, concerns from business and labour were raised about the extent to which the health department engaged with the National Economic Development and Labour Council (Nedlac) on the Bill before submitting it to parliament.
Nedlac is a consensus-seeking organisation composed of representatives from business, government, and labor, guided by the Nedlac Act.
They, along with other stakeholders, have warned that a lack of consultation could expose the government to legal challenges if the bill is passed.
MPs did not finish their work on the bill before parliament rose ahead of the May general election, but the legislation is now back before the portfolio committee on health.
The bill seeks to drastically shake up the South African smoking scene where (according to the South African Medical Research Council) around 29.4% of the adult population is currently using tobacco products.
The health department said that the bill is not trying to ban smoking, but aims to limit tobacco access, especially for children, to discourage smoking and reduce healthcare burdens.
Broadly, the proposed legislation, which has been in the pipeline since 2018, will regulate the sale, advertising, and use of tobacco products and electronic delivery systems to align tobacco control law with 2017 WHO Framework Convention requirements.
The headline changes in the bill include:
- Regulating the burgeoning electronic nicotine and electronic non-nicotine delivery system market (ie, vapes)
- Introducing plain packaging with graphic health warnings and pictorials
- A total ban on the display of products at point of sale
- A total ban on vending machines for these products and
- Introducing 100% smoke-free areas in indoor public places and certain outdoor areas
Recently, Nedlac’s business convener, Kaizer Moyane said that the health department had made only one presentation to Nedlac on the bill before it was tabled in parliament, and had rebuffed its request for a thorough, line-by-line engagement on the legislation.
In September 2024, Business Unity South Africa (BUSA) wrote that “the importance of Nedlac’s involvement in the bill cannot be overstated [as] the bill, if passed in its current form, will have significant socioeconomic effects on South Africa.
“It will transform the law on tobacco products and introduce new legislation on electronic delivery systems. Such far-reaching changes fall squarely within Nedlac’s mandate,” added BUSA.
VF Plus MP Philip van Staden accused the department of being “dishonest” about the prescribed processes that were followed with public consultations.
“After the Department had told the Committee that the processes were duly followed and that Nedlac had indeed been consulted, Nedlac denied it in the media.
“That is why the FF Plus maintains that the public hearings on the Bill… cannot continue [as] the uncertainty regarding Nedlac should first be clarified,” said van Staden.
Chairperson says boxes were ticked
The concerns raised that Nedlac was not properly consulted prompted the committee to seek guidance from Parliament’s Legal Services.
Upon review, committee chairperson Dr Sibongisenbi Dhlomo said that legal opinion stated that while Nedlac has an internal protocol for considering matters, the Nedlac Act “does not prescribe a specific process that must be followed.”
He said that Nedlac is still empowered to continue engaging on the bill even after it has been introduced in Parliament.
“The legal opinion has provided clarity on the consultation process, and we are satisfied that the Department of Health has met the necessary requirements,” said Dhlomo.
Dhlomo said he had written to Nedlac and had a discussion with the council’s director. “We are committed to a transparent and inclusive process, and we welcome further engagement with Nedlac as we finalise our consideration of this important legislation.”
During the sixth parliament, the committee had conducted public hearings in seven of the nine provinces.
The committee said that it will continue with remain two provinces, Northern Cape and KwaZulu-Natal and continue its consideration of the bill.
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