Big win for critics of new smoking laws for South Africa
Parliament’s Portfolio Committee on Health and the National Economic Development and Labour Council (Nedlac) have jointly endorsed embarking on a further consultation process on the legislation proposing strict new tobacco laws.
Earlier this week, BusinessTech reported that various business, labour and social stakeholders had expressed frustration with what they labelled a lack of consultation with Nedlac in the drafting of the Tobacco Products and Electronic Delivery Systems Control Bill.
Nedlac is a consensus-seeking organisation composed of representatives from business, government, and labour, guided by the Nedlac Act.
They, along with other stakeholders like Cosatu, have previously warned that a lack of consultation could expose the government to legal challenges if the bill is passed.
On October 25, legal advisers cleared the health portfolio committee to proceed with the bill, though MPs were divided.
However, following mounting pressure from some business, labour and certain parties within the government of national unity (GNU), Parliament’s Health Committee chairperson Dr Sibongiseni Dhlomo, and Nedlac Executive Director Lisa Seftel, “have endorsed a consultation process between Nedlac and the Department of Health on the [bill].”
“This is so that the social partners at Nedlac, organised business, organised labour and community organisations represented at Nedlac can engage on the draft Bill,” said Dhlomo and Seftel in a joint statement.
“It is important to categorically underline that Parliament and Nedlac were never at odds,” said Dhlomo.
“The committee respects and will always promote the council’s importance as a vehicle where government, labour, business and community organisations will cooperate, through problem-solving and negotiation, on economic, labour and development issues, and related challenges facing the country,” he added.
Dhlomo and Seftel have urged the Department of Health to commit to the expedited process that the Nedlac secretariat has set up “where the Nedlac social partners can be substantially consulted on the Bill.”
“This will result in a consolidated Nedlac report, which will form part of the inputs when the committee considers the Bill,” they added.
Currently, the Bill broadly aims to reduce tobacco use in South Africa (where 29.4% of adults smoke) by regulating the sale, advertising, and use of tobacco products and electronic delivery systems like vapes.
Measures in the new Bill close loopholes in the Tobacco Products Control Act of 1993, as amended, and are set to reduce tobacco use, exposure to second-hand tobacco smoke as well as the initiation of tobacco use by young people.
It brings South Africa’s domestic legislation closer to full implementation of the WHO Framework Convention on Tobacco Control (FCTC), a global standard.
Key changes include further regulating the tobacco and vape market, introducing plain packaging with graphic health warnings, banning product displays at point of sale and vending machines, and enforcing 100% smoke-free zones in public indoor and certain outdoor areas – with repercussions for those who violate the laws.
Supporters argue the Bill aligns with international best practices, citing successful global examples of plain packaging, graphic health warnings, and smoke-free zones to protect vulnerable groups like pregnant women, children, and non-smokers.
Currently, key points of contention which have prompted further consultation include:
- Illicit Market Concerns: Critics warn the Bill will drive consumers to illegal markets, exacerbating the already thriving illicit cigarette trade which has already resulted in significant revenue losses for the government.
- Impact on Informal Traders: The National Informal Traders Alliance (Nitasa) argues that the Bill will severely affect around 2.2 million informal traders, including hawkers and spaza shop owners, who rely on single cigarette sales (which would be banned).
- Possible Job Losses: There are concerns about potential job losses in the tobacco industry, including among small and emerging tobacco farmers.
- Reduction in Tax Revenue: The Bill could reduce tax revenue from legal tobacco sales.
- Enforcement Challenges: Critics argue that the Bill fails to account for the inadequate enforcement capacity in South Africa, raising doubts about its effectiveness.
The committee will continue with its public participation process, which this weekend will be in the final province of KwaZulu-Natal.
The schedule is:
- Friday, 8th November, 2024: 10:00 – 15:00 City of Umhlathuze, Nseleni Community Hall, Richards Bay;
- Saturday, 9th November 2024: 10:00 – 15:00 Msunduzi Local Municipality Ward 15, Community Hall at Embhali, Pietermaritzburg;
– Sunday, 10th November 2024: 10:00 – 15:00 eThekwini Metropolitan Municipality, Greenwood Park Community Hall, Durban North.
The Bill can be found below:
Loading ...
