Pushback on proposed smoke-free environment bill
“Covid-19 lockdown was a clear indication that people will smoke no matter what the government implements.”
Pretoria residents are not sold on proposed legislation aimed at “100%” banning public smoking, some of them believing that the proposed measures are simply too ambitious to be enforced.
Others are opposed because they believe the new rules to be too draconian.
The proposed law, which was introduced by the health minister in a 2022 gazette, is aimed at deterring second-hand smoking.
Called the Tobacco Products and Electronic Delivery Systems Control Bill, it seeks to control cigarettes, vapes and shisha second-hand smoking.
The bill stipulates that no person may smoke in a workplace, childcare environment, any motor vehicle or a private enclosed space when a non-smoker or a child is present.
The bill is currently under consideration by the national assembly.
It is said to have been consulted with 14 state institutions, 28 tobacco industry stakeholders, and five civil society organisations.
The Department of Tourism has expressed worry regarding the proposed 100% smoke-free laws in the hospitality sector while the Department of Small Business Development expressed concern about the introduction of plain packaging.
The proposed changes want to institute a 100% smoke-free indoor and certain outdoor places; ban the sale of cigarettes through vending machines; ban the display of tobacco and electronic delivery systems at the point of sale; as well as regulate and control electronic nicotine and non-nicotine delivery systems (e-cigarettes).
It also wants to change the current text warnings on tobacco product packages to plain packages with graphic health warnings.
The bill states nicotine emissions may not interfere with the enjoyment of other persons lawfully.
Offences and penalties for Tobacco Products and Electronic Delivery Systems Control Bill
Should this bill be passed, anyone who contravenes some of the laws can face a fine or imprisonment not exceeding 20 years depending on the offence.
Those found guilty of smoking at a facility with children, including the employer, would be liable to a fine or to imprisonment for a period not exceeding five years.
REACTIONS BY RESIDENTS ON PROPOSED LEGISLATION
Pretoria resident Pearl Kekana (27) questioned how the proposed legislation would be effective because law enforcement was already poor in South Africa, while prisons were already overcrowded.
“I understand that the government is trying to curb the advertising of nicotine products and second-hand smoking. Practically this will, however, not make sense as we are a country with limited resources.”
Kekana said the limited resources were aligned to prison facilities, while the police were already failing to enforce and prevent crimes such as theft and murder.
“We have a large police force, including metro police, but they are never at work,” she said.
She said the government should focus on implementing a method of fining or taxes to reduce second-hand smoke.
Kylie Vos said this was another way to criminalise and extort the poor.
“Covid-19 lockdown proved that people will smoke no matter what the government implements.”
Vos claimed that if the proposed legislation was effected, large amounts of smokers would begin protest action which could rise to national unrest.
“It is my lungs, not theirs. They are trying to control everything. Is this a democracy?”
She believed that the government had to allow workplaces to continue having designated smoking areas while those in their personal space should be allowed to smoke.
FMF Head of Policy, Martin van Staden(@Martin_ASFL), criticises Parliament’s decision to adopt the Tobacco Products and Electronic Delivery Systems Control Bill.
Martin explains the bill as well as the FMF’s opposition to this nonsensical legislation https://t.co/C1fBApRYD7
— Free Market Foundation (@FMFSouthAfrica) July 13, 2023
SURVEY RESULTS FROM THE SOUTH AFRICAN MEDICAL RESEARCH COUNCIL
The South African Medical Research Council (SAMRC), however, said that “almost 90%” of the participants in their 2021 survey “support a ban on smoking in public places”.
Their survey also showed that 29.4% of the South African population aged 15 years and older use one or more forms of tobacco products.
According to the SAMRC, two-thirds of those smoking during the survey indicated their willingness or plan to quit.
The public can make submissions on the bill until August 4.
Have Your Say: Tobacco Products And Electronic Delivery Systems Control Bill @ParliamentofRSA pic.twitter.com/hnxeJFHNMG
— Health-and-social-Cluster (@HealthSocClust) June 29, 2023
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