Here is what the public had to say on the proposed Tobacco Bill

Public opinion on the Tobacco Bill has been relayed to parliament as it continues to weigh up the pros and cons of the proposed legislation.

The Tobacco Products and Electronic Delivery Systems Control Bill aims to impose greater restrictions on the tobacco industry, including packaging alterations, point-of-sale restrictions, and a ban on smoking in public places.

The portfolio committee on health heard on Wednesday how more than 40,000 written submissions from the public showed perception was split down the middle.

Committee content advisor Lindokuhle Ngomane gave an aggregation of the submissions, which ranged from a few lines to 100 pages, and included oral submissions from public hearings.

“It aims to capture the areas of broad agreement, points of contention and possible considerations for the committee as it proceeds with its deliberations,” said Ngomane.

“When you go through the submissions, you see that the issues are similar. The content is not very diverse. The report showed that 50% of people supported the bill and 50% did not,” she explained.

Submissions were provided by public health officials, researchers, trade organisations, organised labour, informal traders and members of the hospitality and agricultural sectors, among others.

Addressing illicit trade

Ngomane said all agreed on restricting access to tobacco for minors, with many supporting a ban on online sales and marketing aimed at the youth.

Opinions were split on packaging, with a broad agreement that enforcement — not new legislation — was needed to curb illicit trade.

Stakeholders warned that plain packaging would worsen illicit trade by limiting competitiveness, with some hard opinions suggesting the bill failed to address illicit trade at all.

Others believed that effective enforcement and regulations would curb illicit trade, as would greater cooperation between law enforcement, the South African Revenue Service and the health department.

Additional recommendations included strengthening enforcement capacity and border management through product tracking via the introduction of digital tax stamps and unique identification codes.

Economic impacts

The tobacco industry had earlier warned against the economic impact on traders and retail outlets.

“[Submissions] emphasised potential job losses, economic decline and social unrest if livelihoods are disrupted,” Ngomane noted.

Much of the bill is based on a 2018 socio-economic impact assessment (SEIA), which many highlighted was outdated due to the fallout of the 2020 pandemic, which led to a surge in illicit products.

Ngomane said the commission of a new SEIA would be suggested to the committee.

When balancing the economic costs, some submissions countered that health costs exceed revenue gains, as well as long-term savings realised from improved health.

Multiple submissions argued that the bill violates rights to freedom of expression, trade and privacy, with others citing overregulation.

Ngomane said the remedy would be to align the bill with constitutional protections.

‘Continental benchmark’

Procedural concerns highlighted included inadequate consultation, informal traders and rural communities feeling excluded and a reiteration that the bill failed to meet constitutional standards.

Miscellaneous concerns came from traditional healers over restrictions on snuff and tobacco used in rituals, submitted with requests for exemptions for recognised cultural and religious practices.

Ngomane said there was broad agreement that awareness campaigns were essential for behavioural change, with submissions suggesting that anti-tobacco messaging be included in the school curriculum.  

Environmental groups highlighted that plastic filters were contributing to ocean pollution and suggested an eco-rating system.

This would include sustainability standards for materials, a ban or tax on plastic filters, mandatory compostable packaging and environmental warnings alongside the already-present health warning.

International support came from Kenya and Nigeria, who said the bill could “reinforce South Africa’s leadership in African tobacco control”.

Ngomane said support from the continent suggested the bill would have South Africa “stand out as a continental benchmark for strong tobacco control, promoting public health and inspiring similar laws across Africa”.

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