Parliament, Monday, 30 October 2023 – The Portfolio Committee on Health has successfully concluded the Free State leg of public hearings on the Tobacco Products and Electronic Delivery Systems Control Bill (B33-2022) at the Leslie Monnanyane Hall in Mangaung, with residents calling for the Bill to include a requirement for tobacco trading licences.

As with the liquor trading licence, participants argued that a tobacco trading licence will enhance enforcement, as traders in breach of their certification conditions will have their licences revoked. This, they said, is a necessary remedy to a gap in the Bill on enforcement mechanisms.

The Bill received mixed reviews in Mangaung, with supporters arguing for the enhancement of implementation and monitoring mechanisms in the Bill. The current challenge, according to some participants, was that the lack of monitoring led to traders selling tobacco products to young children, which increases consumption within this cohort. Some participants also emphasised that the inadequate implementation of progressive laws was an Achilles heel for government and needs urgent attention.

Supporters of the Bill also argued that the Bill’s potential economic impacts have been overstated to dissuade efforts to regulate the industry. According to some participants, the R12 billion the industry contributes to the economy is dwarfed by the over R14 billion spent on treating the illnesses caused by the consumption of tobacco products.

Another proposal from participants in the hearings was that government should consider imposing higher excise duties to cover the difference between taxes derived from tobacco products and what the department spends on treating tobacco consumption-related diseases. Participants also argued that the burden of disease on the Department of Health is unreasonably high due to high consumption of tobacco products, hence their support for the Bill.

Some among those present in the public hearings supported aspects of the Bill, especially the prohibition of the sale of tobacco products to young children. This cohort also emphasised that the Bill does not address the proliferation of the illicit cigarette market, which makes it impossible for them to support the Bill.

Those who rejected the Bill argued that the impact on small-scale traders will be devastating and the poor and unemployed will be unable to make a living. Some participants emphasised that the Bill will not only negatively impact on small-scale traders but will also lead to unemployment throughout the value chain.

Traders of e-cigarette delivery systems argued that regulating tobacco products with electronic delivery systems is a major misstep, as the products are different. They emphasised that prohibiting supply of electronic delivery systems by courier services will negatively impact on their businesses as they currently order supplies from other provinces to resell in Mangaung. They underscored that this would lead their business to close and increase unemployment.

The committee has now concluded public hearings in four provinces – Limpopo, North West, Mpumalanga and Free State.

ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON HEALTH, DR KENNETH JACOBS


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