Parliament, Sunday, 29 October 2023 – The residents of the greater Fezile Dabi District Municipality in the Free State have cautioned that the Tobacco Products and Electronic Delivery Systems Control Bill (B33-2022) may impact disastrously on small-scale traders, who may lose the ability to make a living. The Portfolio Committee on Health was conducting the first of two public hearings on the Bill at the Allen Rautenbach Hall in Kroonstad.
The Bill received mixed reviews, with a balance of participants either supporting or rejecting proposals in the Bill. Some participants against the Bill underscored that their livelihoods are based largely on the sale of single stick cigarettes and the prohibition of the sale will be a devastating blow to their businesses.
There were also concerns that the Bill, in granting the Minister sole powers to establish a monitoring committee, was undesirable and that the public must have a direct say to ensure transparency and accountability. Those against the Bill also raised concerns that the penalties proposed by the Bill are unfair and will lead to increased unemployment levels and fuller prisons.
Because of the province’s reliance on agriculture as a major contributor to the gross domestic product, some thought that the Bill will have a negative impact on agricultural productivity and farm workers will lose their jobs. Other people mentioned that South Africa struggles to enforce its laws and this Bill is silent on how to conduct effective monitoring and enforce its provisions to ensure adherence. Another argument was that the illicit market will not comply with the Bill’s proposals, making the legislation impractical.
Those in support of the Bill underscored its importance to promoting and protecting South Africans’ health and wellbeing. Participants argued that the lack of regulation has led to increased consumption especially of electronic delivery systems. Participants supporting the Bill emphasised that its intentions are to regulate and not to ban outright the consumption of tobacco products.
Participants also mentioned that the use of only English for messaging about the dangers of tobacco is one of the reasons why people do not understand those health warnings. As a remedy, they proposed that all 11 official languages are used on packaging to make those messages accessible. Meanwhile, the plain packaging proposal will ensure that consumption of cigarettes is not glamourised.
Participants also welcomed the prohibition of the sale of tobacco products to young children as proposed by the Bill. Participants called for stronger enforcement mechanisms to ensure that this provision is implemented and that those selling cigarettes to children are prosecuted. Those in support also welcomed the prohibition of the sale of single stick cigarettes, as this created a problem for enforcement.
Those in support of the Bill argued that the Bill is progressive in addressing high consumption rates. Furthermore, the Bill will protect young children, non-smokers and pregnant women against second-hand smoke inhalation. The designation of 100% smoke-free zones was also welcomed a tool to protect non-smokers.
The committee appreciated all these inputs and assured participants that their views will be given due consideration. The committee was also of the view that the hearings highlight the importance of public participation in the law-making process. The committee will next move to the Mangaung Metropolitan Municipality to hold more public hearings on the Bill.
The Tobacco Products and Electronic Delivery Systems Control Bill (B33-2022) seeks to strengthen public health protection measures, align South African tobacco control law with the World Health Organisation Framework Convention and repeal the Tobacco Control Act, 1993 (Act No. 83 of 1993). The proposed legislative and policy changes seek to introduce the following:
- indoor public places and certain outdoor areas that will be designated 100 per cent smoke-free;
- a ban on the sale of cigarettes through vending machines;
- plain packaging with graphic health warnings and pictorials;
- a ban on display at point-of-sale; and
- the regulation and control of electronic nicotine delivery systems and non-nicotine delivery systems.
Details of the Mangaung Hearings are as follows:
|
DATE |
DISTRICT/ LOCAL MUNICIPALITY |
Venue |
TIME |
|
Sunday,29th October 2023 |
Mangaung Metropolitan Municipality |
Leslie Monnanyane Hall |
10:00 – 15:00 |
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON HEALTH, DR KENNETH JACOBS
For media enquiries or interviews with the Chairperson, please contact the committee’s Media Officer:
Name: Malatswa Molepo (Mr)
Parliamentary Communication Services
Tel: 021 403 8438
Cell: 081 512 7920
E-mail: mmolepo@parliament.gov.za
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