Proposed new tobacco legislation, which sees offenders getting up to ten years’ imprisonment for petty misdemeanours, has sparked controversy among smokers and non-smokers alike.

The current Tobacco Control Act 83 of 1993, is South Africa’s fundamental tobacco control law.

It regulates, among other things, smoking bans, tobacco advertising, promotion and sponsorship, as well as packaging and labelling.

The new proposed bill which has been submitted for public comment is aimed at addressing the health risks associated with the smoking of addictive substances by enforcing stricter regulations on smoking and the sale of tobacco products.

According to the bill, smoking may be prohibited in “any prescribed outdoor public place or workplace, or such portion of an outdoor public place or workplace as may be prescribed, where smoking may pose a health, fire or other hazard; as well as such other place where the minister considers it appropriate to prohibit smoking in order to reduce or prevent the public’s exposure to smoking.”

The bill also proposes changes to the packaging of tobacco and vaping products to make it less attractive and seeks to enforce further limitations on where tobacco and vaping products can be purchased.

The government is currently seeking public feedback on its new vaping and smoking legislation which, in its current shape, may result in vapers, smokers and retailers getting up to ten years in prison for petty misdemeanour violations.

Residents speak on new bill

Weekend Witness spoke to four Pietermaritzburg residents, two of whom are non-smokers, on their thoughts regarding the new bill.

Joy Crompton (21) said although she doesn’t smoke, she thinks on the one hand it’s a great idea and initiative as it protects the public at large. But she feared it would not be well-received.

“This will reduce the [number] of people affected by secondary smoke which is dangerous and it will [help prevent] adolescents being influenced to smoke.”

However, she felt there were more serious problems that the government should shift their attention to. “Additionally, this might result in unnecessary fines and imprisonment for a petty action such as public smoking,” said Crompton.

She said the lockdown ban on cigarettes proved that people are willing to break laws to feed their cravings and addictions.

Junaid Pitout, who is a smoker, said the government should focus on underage drinking rather than smoking.

“This will definitely cause a problem in the country as, for some people, smoking acts as a relief medicine. In my opinion, vaping is similar to a person smoking a cigarette, it’s just fancier,” said Pitout.

Jaydine Mckay felt the bill was a bit unfair, considering the fact that most smokers are respectful and use the designated areas to smoke.

The portfolio committee on health welcomes all comments on the bill until August 4, 2023. Written submissions can be e-mailed to: tobaccobill@parliament.gov.za or online https://forms.gle/FLrhnvThDk8ccLG97 by no later than August 4.