Brewing Conflict Over the Return of New Smoking Laws in South Africa

The reintroduction of the Control of Tobacco Products and Electronic Delivery Systems Bill in Parliament, scheduled for 4 September, has reignited fierce debate. Critics of the Bill argue that it could push consumers towards dangerous illicit markets and lacks practical, people-centric solutions for smoking cessation and harm reduction.

Opponents of the Bill also highlight the potential negative impact on approximately 2.2 million informal traders who depend on cigarette sales. Concerns include potential job losses in the tobacco industry, increased illicit trade, reduced tax revenue, and insufficient consideration for small traders and farmers.

The Bill aims to regulate the sale, advertising, and use of tobacco products and electronic delivery systems. The Department of Health (DoH) states that the legislation is designed to strengthen public health protections, align with the World Health Organization Framework Convention, and repeal the outdated 1993 Tobacco Control Act.

Key provisions of the Bill include:
- Stricter standards for product processing, manufacturing, and importation.
- Regulation of tobacco product and electronic delivery system advertising.
- Standardization of packaging and appearance for these products.
- A ban on smoking in all indoor public spaces and certain outdoor areas.
- Prohibition of cigarette vending machines.
- Mandatory plain packaging with graphic health warnings.
- A ban on the display of tobacco products and electronic delivery systems at points-of-sale.

Growing Concerns

The National Informal Traders Alliance of South Africa (Nitasa) has voiced concerns that the Bill could severely impact informal traders, including hawkers and spaza shop owners, who rely heavily on legal cigarette sales. Despite these concerns, they feel their voices have not been heard.

Kurt Yeo, Co-Founder of Vaping Saved My Life, warns that the Bill "will prohibit, restrict, ostracize, and further stigmatize smokers and those who have chosen a safer alternative." Yeo argues that the Bill does not offer viable solutions and, if passed in its current form, could have severe consequences.

Statistics show that smoking is deeply ingrained in South African society, with 21.2% of adults smoking daily. The 2021 Global Adult Tobacco Survey (GATS) indicates that 29.4% of adults in South Africa use tobacco products, equating to 12.7 million people.

Jeanette Hunter, Deputy Director of General Primary Healthcare at the DoH, has noted an increase in the use of hookah, e-cigarettes, and vapes, particularly among young people.

However, critics argue that such restrictive measures could drive more consumers towards the illicit market, as seen during the 2020 tobacco sales ban during the Covid lockdown. The illicit cigarette market has grown significantly, with the South African government losing an estimated R119 billion in excise and Value-Added Tax (VAT) revenue between 2002 and 2022.

In 2022 alone, the government lost R15 billion in excise revenue and R3 billion in VAT due to the illicit cigarette trade. The illicit market, which accounted for 5% of the country's cigarette market in 2009, surged to 58% in 2022, slightly down from its peak of 60% in 2021.

Moving Forward

Public consultations on the Bill were held in seven of nine provinces during the sixth administration before the process ended. The Department of Health aims to swiftly advance the new laws, starting with completing the public participation process in the remaining two provinces.

While proponents of the Bill argue that smoking-related illnesses necessitate legislative change, critics are concerned about the practical implications. Some have called for the Bill to be sent to the National Economic Development and Labour Council for more robust consultation. Others have pointed out that no socio-economic impact assessment appears to have been conducted.

As the new National Assembly Health Committee takes up the Bill, it remains to be seen how lawmakers will address these concerns.