Parliament, Monday, 11 November 2024 – The Portfolio Committee on Health has concluded the KwaZulu-Natal leg of public hearings on the Tobacco Products and Electronic Delivery Systems Control Bill with the majority of residents of the greater eThekwini Metropolitan Municipality rejecting the Bill on the grounds of its potential to cause unemployment in the country.
Participants who rejected the Bill cautioned that the Bill amounts to overregulation which will directly impact the industry’s ability to create employment opportunities especially in a country with high and rising unemployment. They argued that the entire tobacco industry value chain will suffer disastrous job losses consequences that will likely affect tobacco leaf farmers, retailers and logistics companies that transport tobacco products.
They also emphasised that small scale traders will be unduly affected by the intention to ban the display of tobacco products on the points of sale as they depend on marketing their goods to attract interest from their markets to buy in order to raise sales. Furthermore, they argued that the Bill has a potential to infringe the right to choose that is guaranteed by the Constitution.
The uncertainty on the enforcement protocols in the Bill was also raised as a serious shortcoming that was part of the reasons for rejection of the Bill by the majority of participants. Participants pointed out that the lack of clear enforcement protocols will render the Bill futile as it will not be enforceable. Also, the apprehension that the Bill will open the door for illicit trade of tobacco products was emphasised.
Participants argued that currently the tobacco industry is facing immense pressure from the illicit markets that deprive the South African Revenue Services of much needed additional tax revenue. Individuals and organisations within the vaping industry also emphasised that the Bill isn’t accommodating their industry and its unique challenges. They argued that the Bill deprives smokers of less harmful alternatives and that the regulation of vapes and other electronic delivery systems together with tobacco products is undesirable.
They called for a separate Bill that will regulate the vaping industry underscoring the perceived positive and harm reduction properties of their products. Those that supported the Bill argued that the disadvantages from the entire tobacco industry far outweighs the benefits. They argued that the current burden to the healthcare system to care for tobacco consumption induced ailments negates the tax contributions made by the industry to the national fiscus.
There were also concerns that the increasing consumption of hooka pipes by the youth would lead to a sick future society as those within the electronic delivery systems industry were not forthcoming about the contents of these systems. They argued that the regulation of this industry will have the desired effect on reducing consumption of these systems.
Similar to all public hearings in KZN, there was consensus that the ban of the sale of tobacco products to children and through vending machines is desirable. There was a call from both those who support and those who are opposed to the Bill that there should be harsh penalties against businesses that continue to sell tobacco products to children.
Although KZN was the last province to hold public hearings on the Bill, the committee has resolved that it will conduct single public hearings in both Free State and the Western Cape provinces. “This decision was necessitated by the fact that the Portfolio Committee on Health of the 6th Parliament held only two public hearings in those provinces for varying reasons. To bring these provinces on par with other provinces where three public hearings were held, we will hold the third outstanding legs in each province,” said Dr Sibongiseni Dhlomo, the Chairperson of the committee.
After those hearings the committee will interact with the department to receive its responses to some of the concerns raised during the public participation process. The committee appreciates the contributions it received in KZN and the enormous number of people that participated in the public participation process.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON HEALTH, DR SIBONGISENI DHLOMO.
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