Parliament’s Portfolio Committee on Health this week began analysing the wording of the Tobacco Products and Electronic Delivery Systems Control Bill’s preamble and definitions, clause by clause, reports IOL.
The deliberation came after a public participation process in which the committee received written and oral submissions from stakeholders and the public, including during hearings held across all nine provinces.
Committee chairperson Faith Muthambi said the submissions had provided the committee with valuable perspectives on the practical implications of the proposed legislation.
Members were asked to submit their proposed amendments to the secretariat, with the drafting team expected to work through the proposals as the committee continues its clause-by-clause consideration.
Smokers’ rights, illicit trade and the regulation of newer nicotine products were among those issues coming under the microscope, with some definitions of the Bill being challenged and various amendments also suggested.
MK Party MP Moshome Motubatse called for the reference to a “precautionary approach” to the regulation of electronic nicotine delivery systems and electronic non-nicotine delivery systems to be removed, arguing instead for a scientific approach.
“A precautionary approach is one where we don’t know what’s going to happen, we have no information, and we’re …too cautious to the extent that it becomes like a prohibitory approach. I would not put a precautionary approach as part of a legislative framework because legislation has to be based on evidence and on science, and not on fear.”
Motubatse also proposed new definitions for combustion and combustible products, as well as amendments relating to electronic delivery systems and non-combustible products.
The DA’s Dr Karl le Roux proposed changes to the definitions of smoke and aerosols and called for definitions covering non-inhaled products, like pouches and snuff.
ANC MP Masello Senne proposed various amendments to the definitions, including changes relating to characterising flavours, electronic delivery systems and combustible products.
The committee was also asked to put illicit tobacco more firmly into the Bill.
EFF MP Naledi Chirwa-Mpungose proposed an insertion to the preamble noting “the detrimental impact of illicit tobacco and related products on public health and the need for effective measures to address such trade”.
“We don’t agree that this Bill should be quiet on speaking overtly on the impact of illicit tobacco trade,” she added.
ActionSA MP Kgosi Letlape questioned the preamble’s call to encourage smoker to quit.
“What about those who can’t? It would be irresponsible for a health board to come up with what might be assumed a quit or die approach,” he said, suggesting the wording should also allow current users to seek help, including from healthcare professionals or for less harmful alternatives.
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