Parliament, Thursday, 5 March 2026 – The Portfolio Committee on Health was briefed by the Department of Health on Wednesday on the responses to issues raised by stakeholders during public hearings on the Tobacco Products and Electronic Delivery Systems Control Bill [B33-2022].
Committee Chairperson Ms Faith Muthambi, in her opening remarks said, the meeting was a continuation of the committee’s work on the Tobacco Products and Electronic Delivery Systems Control Bill following a meeting held last Wednesday in which the department briefed the committee on its responses to the public submissions received.
“At our meeting last week, we agreed as a committee that the department should return with revised proposed amendments that respond directly to the issues raised by committee members and stakeholders during the public hearings, including written submissions. These amendments should strengthen the bill’s effectiveness regarding its public health impact,” she said.
Ms Muthambi highlighted that the committee’s aim with this bill is to support the legislative intent to regulate smoking, the sale and advertising of tobacco products and electronic delivery systems, while addressing issues around packaging appearance and related standards, all while protecting children and the public from harm. “Our role as a committee is to ensure that this bill effectively reduces the burden of disease caused by smoking and exposure,” she said.
Additionally, the Chairperson said, the bill should be implementable and enforceable under South Africa’s market conditions. It must be legally sound, with clear definitions and proportionate measures that can withstand scrutiny and be applied consistently. “We acknowledge the department’s willingness to revise the bill, with amendments anchored on a risk-based diversion framework”, Ms Muthambi noted.
The Deputy Director-General for Primary Health Care, Ms Jeanette Hunter, indicated that the presentation addresses outstanding issues raised in last week’s meeting, including the legal status of the protocol to eliminate illicit trade in tobacco products, harm reduction and differentiation of products, issues related to non-combustible and smokeless tobacco products, definitions of combustible and non-combustible products, plain packaging, resourcing of enforcement, the monitoring committee and penalties.
The Minister of Health, Dr Aaron Motsoaledi provided information on the government’s plans to address the issue of illicit trade with input from the Border Management Authority. BMA research shows that most illicit cigarettes are not manufactured in South Africa but enter illegally across the borders. Hence the need to strengthen border control.
Furthermore, Dr Motsoaledi said, the South African Revenue Services (SARS) has indicated that illicit trade includes many other items, such as tobacco, alcohol, counterfeit goods, fuel adulteration and smuggled precious metals. SARS, BMA and other government departments in the security cluster will be part of the National Illicit Economy Disruption Programme (NIEDP), which will be chaired by the Presidency as the programme includes multiple departments.
Committee members noted the Minister’s comments regarding the protocol to eliminate illicit trade, emphasising the new cross-sectional body that will address various forms of illicit trade. Regarding plain packaging, some committee members were unclear about the department’s assumption that plain packaging would exacerbate illicit trade, stating they do not agree with the department’s view.
Members questioned the department about the outcome of the track and trace initiative, which is said to regulate tobacco product. Ms Hunter acknowledged the absence of such a system. She said the department aims to gather data to inform decisions. The committee expressed its frustration in the delays in implementing the system when protocols were signed in 2013.
The committee highlighted the need in the legislation to strike a balance between regulations that can reduce consumption to address health concerns while also preserving jobs, taxes and investments, which are equally important. The committee noted with concern the absence of a socioeconomic impact assessment in the presentation, an issue that was raised last week’s meeting.
The committee welcomed the concession made by the department in their presentation, which exempts certain products from packaging and labelling requirements applied to combustible products. The committee were of the view that this is a step in the right direction and indicates that to some extent the department and committee are working in good faith. However, the committee said this should be applied across the board because these are issues and areas that the committee is addressing regarding the legislation that the department is not responding to.
Members of the committee voiced their concern on the shortage of law enforcement officers. The committee said the lack of law enforcement officers should not impede the enforcement of the legislation.
The definition of combustible products must only include ignition, combustion and burning. The committee suggested a re-evaluation of this definition to avoid any confusion and ensure that all relevant products are adequately addressed within the legislation.
The composition of the monitoring committee was deliberated upon, with members stressing that it should consist of relevant enforcement agencies funded by the state, rather than appointing private individuals who would require government compensation. Moreover, the committee stressed that Article 5.3 should not be used to circumvent consultations with all affected parties, particularly those within the tobacco industry.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON HEALTH, MS FAITH MUTHAMBI.
For media inquiries or interviews with the Chairperson, please contact the committee’s Media Officer:
Name: Yoliswa Landu (Ms)
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E-mail: ylandu@parliament.gov.za
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