New smoking laws for South Africa ramping up

The Portfolio Committee on Health says it will ramp up deliberations on South Africa’s Tobacco Products and Electronic Delivery Systems Control Bill in the next few weeks.

The committee said this week that it will be allocating more time for presentations on the bill, with the goal of finalising the legislation and presenting it to the National Assembly for consideration as soon as possible.

The committee has been doing another round of deliberations on the proposed laws for several months after the last version of the legislation received backlash from businesses and labour.

The bill was revived under the new administration in July 2024, but received blowback from businesses and unions at Nedlac, leading to more consultations being done.

On October 25, legal advisers actually cleared the health portfolio committee to proceed with the bill, despite MPs being divided.

Following mounting pressure from some business, labour and certain parties within the government of national unity (GNU), however, the laws were sent back for further national consultation and public feedback.

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 the 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

The new laws have sparked controversy among business groups in particular, which have criticised the potential impact of the laws on jobs and small businesses.

Critics have argued that the laws are a threat to jobs, particularly small-scale traders who will have their livelihoods hit by the prohibition on single-stick cigarettes.

They have also slammed the ban on advertising at the point of sale, saying this will render some businesses inoperable, as they attract customers through the visible display of tobacco products.

There is also the risk that the laws will simply boost the illicit cigarette market, as was the case when cigarette sales were banned during the Covid-19 pandemic.

More notably, business owners within the vaping industry have argued that the current Bill does little to address regulatory loopholes within the sector.

It was argued that vapes should be regulated under different legislative prescripts, as they are different from the tobacco products currently contained in the Bill.

In the latest presentations made this past week, the Tobacco, Alcohol and Gambling Advisory, Advocacy and Action Group (TAG) presented its views and recommendations on the laws, calling for more stringent wording in the bill.

Of note, the group wants the working of the bill to ensure that it must be enforced, and that more officials are responsible for doing so.

It also recommended that the bill ensure that liability for violating the laws cannot be passed on or circumvented.

It is also seeking harsher penalities for violating the laws, particularly for tobacco companies. TAG recommended that all instances of 10-year jail terms for violators be shifted to 20 years if companies are involved.

The portfolio committee said that it is aware of the “complex nature of the tobacco and ENDS landscape in South Africa”, and is working to address all concerns.

“We are carefully considering the issues raised by stakeholders, including the need to address illicit trade, mitigate job losses, and explore the potential role of harm reduction, while prioritising the overarching goal of safeguarding public health and reducing the burden of tobacco-related diseases,” it said.

It pointed to various concerns raised by committee members, including the need for a stronger focus on scientific evidence and the potential unintended consequences of overly restrictive measures.

It’s for this reason that more time will be dedicated to deliberating on the proposed laws over the next few weeks, it said.