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A clause in the Bill bans the sale of single cigarettes, and if a person is found selling a ‘loose’ cigarette, they can be fined and/or imprisoned.
For illustrative purposes. Picture: iStock
The Tobacco Products and Electronic Delivery Systems Control Bill in South Africa prohibits the sale of single cigarettes (or loose cigarettes), which informal traders say could bankrupt their businesses.
It also regulates other aspects of tobacco control, including public smoking, advertising, and packaging requirements.
The Portfolio Committee on Health discussed the impact of the Bill on businesses earlier this week. Members have completed public hearings in all provinces and are now taking oral submissions in parliament.
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Tobacco Bill
Mampapatla Madikoto, Limpopo Small, Medium Enterprises and Hawkers Association general secretary, told members of the portfolio committee that the ban on single cigarettes would cripple their operations, as many of their customers not only buy cigarettes but also other items.
A clause in the Bill bans the sale of single cigarettes. If a person is found selling a ‘loose’ cigarette, they can be fined and/or imprisoned.
He added that there are many reasons why people decide to buy single cigarettes, including a box being too expensive, or they are trying to control their smoking habit.
Display of tobacco products
Madikoto added that the clause will affect approximately two million informal traders, hawkers, spaza shop owners and home-based operators across the country.
The proposed Control of Tobacco Products and Electronic Delivery Systems Bill aims to strengthen these measures further by introducing even stricter regulations.
This includes banning the display of tobacco products at the point of sale, regulating electronic nicotine delivery systems, and potentially moving towards plain packaging.
He told the members that the Bill’s ban on displaying cigarettes on countertops or tables is impractical.
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Smoking outdoors
The proposed Bill also seeks to hold traders liable if their customers are found smoking near their stalls in outdoor public places that are designated nonsmoking areas.
Currently, tobacco legislation prohibits smoking in indoor public places, except for designated smoking areas that can be up to 25% of the indoor area. However, the government is considering a complete ban on smoking in indoor public places and certain outdoor public areas.
The owner of the restaurant/pub, or employer, will be responsible for ensuring that the public space designated as a nonsmoking area is smoke-free.
Selling online
Madoda Khuzwayo, CEO and founder of SIP, told the committee that the Bill discriminates against online shopping.
The Bill seeks to ban the sale and offer for sale of tobacco products online. Khuzwayo, who sells alcohol and tobacco products online, said this clause is unfair, as selling such products contributes significantly to his business.
He highlighted that online retailers will not be able to list any tobacco products, while larger physical retailers are permitted to do so.
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Underage smoking
One of the reasons for the strict measures is to control underage smoking, which Khuzwayo has addressed in his business.
“When someone buys alcohol or cigarettes through our business, they will need to produce a physical identification document upon delivery, which will be captured into the system.
“But it is close to impossible for underage smoking to be prevented if children need to go into the store to make a purchase, because some look older and there will be no need to ask for proof of identity,” he added.
He said the government can check online retailers’ data to prove that alcohol and tobacco are not being sold to minors. Additionally, most of the websites that sell these items block minors.
Khuzwayo has requested that the government consider removing the clause banning online tobacco sales.
He highlighted that without the necessary amendments, the Bill risks discriminating against small and medium enterprises (SMEs), as e-commerce is many SMEs’ main source of revenue.
“Without amendments, the Bill entrenches inequality, especially in townships, and excludes emerging small business players,” he said.
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