Republic of South Africa: The Parliament


The Portfolio Committee on Health has concluded three successful public hearings on the Tobacco Products and Electronic Delivery Systems Control Bill (B33-2022) in the Northern Cape province. The committee is satisfied that contributions made by residents of the Northern Cape were insightful and will ensure consideration of broader perspectives by the committee when it reviews the Bill holistically.

In Upington, participants argued that the provisions of the Bill were in line with international best practice on the regulation of tobacco products. Those who support the Bill argued that countries across the world have proved that it is possible to regulate tobacco products such as the utilisation of plain packaging, use of graphics that highlight the dangers of consumption of tobacco products and the imposition of smoke free zones in the protection of vulnerable groups such as pregnant women, children and non-smokers.

There were strong views that without the proposed regulations, non-smokers are being exposed to harmful second-hand smoke inhalation and that the speedy implementation of the Bill would help curb this challenge. They also argued that the contribution made by the tobacco industry to tax revenue doesn’t offset the dangers and harmful effects of tobacco products. They pointed out that the industry was mainly concerned with profit making and not public health.

Meanwhile, producers of electronic delivery systems argued that the Bill in its current form was not effective in its inability to set out a clear distinction between traditional tobacco products, like cigarettes, and electronic nicotine delivery systems. They further argued that they are in support of regulation, but not as provided for in the Bill. They called for separate regulations addressing unique vaping environment.

Those supporting the Bill argued that vapes have inherent harmful products that are not clearly set out that might be harmful to consumers. They suggested that the vaping industry is using colourful packaging and social media to attract the youth into consuming their harmful products.

Those against the Bill reiterated the concern that the ban of the display at the point of sale will negatively affect businesses of small-scale traders, something they said was undesirable given the high unemployment rate in South Africa. A view that the implementation of the Bill as is would create a fertile ground for the illicit market to flourish at the detriment of lawful traders was reiterated.

The committee noted the overwhelming contribution by young people in the Northern Cape who in their majority underscored the dire long-term effects of tobacco for future generations. Many of them argued that the Bill is a timely intervention in an environment of increasing consumption of tobacco products and hooka pipes in townships. They also called for clear and concise enforcement plans to ensure the effective implementation of the Bill.

Having concluded the Northern Cape leg of public hearings, the committee will next weekend, 8-10 November conduct the last provincial public hearings in KwaZulu-Natal. Following this, the committee will review all public submissions and engage organisations that made written submissions to the committee.

“We are generally satisfied with the public participation process we undertook this weekend. The public hearings affirmed the correctness of the decision by drafters of the Constitution in ensuring that the public is central to decision-making as this ensures that their views and aspirations are encapsulated in decisions made by their representatives,” said Dr Sibongiseni Dhlomo, the Chairperson of the committee.

Distributed by APO Group on behalf of Republic of South Africa: The Parliament.