South Africa’s much stalled and controversial Bill that plans to enforce stringent regulations on tobacco use and the vaping industry is showing signs of movement after the Portfolio Committee on Health voted in its favour last week, reports News24.
However, minor tweaks and adjustments are likely to be considered by MPs, who believe that some clauses, like the punishment for smokers and vapers disturbing neighbours, and possible harsh prison time of 20 years for some infringements, need more scrutiny.
Originally introduced to Parliament in 2022, the Tobacco Products and Electronic Delivery Systems Control Bill has drawn flak for its penalties, the equal treatment of combustible and non-combustible products, and the enforcement of 100% smoke-free zones.
If approved, it will introduce jail time and heavy fines for cigarette and vape manufacturers selling products to minors, while advertising at points of sale will also be banned, and the online sale of tobacco products restricted.
Since being revived in July 2024, it has garnered 40 000 written submissions during the public participation process, with 7 900 people attending physical public hearings, and 1 113 oral submissions being made.
The Health Committee’s vote means MPs will now scrutinise the Bill clause by clause, and propose changes. In Parliament on Wednesday, a majority of committee MPs – including those from the DA, MK Party, ANC, ActionSA and EFF – voted in its favour, with only the Freedom Front Plus voting against it.
DA MP Michéle Clarke said the party’s support hinged on the alteration of certain clauses, including those on 100% indoor smoke-free areas and restrictions on vape products.
“Our issues of concern are the … nicotine and non-nicotine products, which have different health risks. We need to apply our minds to separating these products from each other.
“We also believe that the ban on private dwellings is unenforceable because it invades one’s privacy. The extensive penalties criminalise the Bill. With sentences of up to 20 years in prison, this is disproportionate compared with the penalties for violent crimes in the country.”
In March, the Department of Health said it was willing to make changes in the Bill to reduce packaging rules – such as graphic health warnings – for non-combustible products like vapes to speed up the legislative process, but resisted recognising vape products as harm-reduction tools that should be treated differently from cigarettes.
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