Licentia Franchise SA

South Africa will soon have new smoking legislation, including a total public ban and changes to packaging.

Reference: Published by Luke Fraser (BusinessTech), 16 August 2023

This weekend, the Portfolio Committee on Health will host public hearings on the Tobacco Products and Electronic Delivery Systems Control Bill, encouraging South Africans to voice their concerns about the contentious legislation.

The North West Province will be the first to convene national hearings on the contentious bill.

The bill proposes legislative and policy reforms that will affect the following:

  • Indoor public locations and select outdoor areas will be declared smoke-free.
  • The sale of cigarettes via vending machines will be prohibited.
  • Cigarette packs must have plain packaging with explicit health warnings and pictorials.
  • A comprehensive prohibition on point-of-sale display; and
  • Electronic nicotine delivery systems and no nicotine delivery systems are regulated and controlled.

Recognizing court judgements that highlighted issues with public participation in the creation of laws, the committee stated that parliament and the legislative sector as a whole are committed to strengthening this fundamental mandate, which is also a constitutional responsibility of Parliament.

“The hearings are in accordance with Section 59 (1) of the South African Constitution, which requires the National Assembly to facilitate public participation in the legislative process.” Furthermore, the legislative sector adopted a public involvement approach that prioritizes public input,” said Dr Kenneth Jacobs, Chairperson of the committee.

In addition, the committee will schedule public hearings during the week and on weekends to provide stakeholders, organizations, and people enough chance to engage.

“In order to create a favorable environment for meaningful public participation, we decided to hold hearings at times and days that will allow interested individuals and stakeholders a reasonable opportunity to participate.” “We are prepared to listen,” Dr. Jacobs stated.

The hearings will be held in two or three districts each province to guarantee that a sufficient number of residents can participate.

The committee has also recently moved the deadline for written submissions on the bill from Friday, August 4, 2023, to Monday, September 4, 2023.

Objections to the bill

The bill has attracted extensive criticism from the industry, with a study conducted by Clippa Sales and Casa Tabacs revealing that 200 professional tobacconists in South Africa did not support it.

“While the Tobacco Bill causes significant problems for all tobacco product retailers, research into specialist tobacconists shows that proposing a total ban on displaying the only products they sell in their stores poses an existential threat to their businesses.” “These are legal products that can only be sold to people over the age of 18,” Clippa’s Alex Jacovides explained.

98% of respondents said they did not favor the display restriction, and 99.5% claimed it would harm their firm and cause job losses.

According to Diane Bravo, proprietor of Casa Tabacs, a specialty tobacco outlet, enforcing the display prohibition would result in business closures, significantly impacting the country’s revenue and employment rates.

The bill also mandates a 10-year prison sentence and/or a fine for displaying cigarettes on the counter, even if done by mistake. According to 99.5% of respondents, this punishment was excessive.

Many people were also concerned that the restriction on displaying tobacco goods would lead to a surge in illicit tobacco sales, similar to what happened during the Covid-19 outbreak.

Respondents also raised concerns about the bill’s use of standardised or plain packaging, which would make all cigarettes and associated items look the same.

“This makes them easy to forge, which will exacerbate crime and lawlessness in our country and entrench the organized criminal networks that have grown and prospered since the Covid-19 tobacco ban,” Bravo added.