New Smoking Laws In South Africa

by Jamie-Lee Braaff | Candidate Attorney

The Department of Health intends to introduce the Control of Tobacco Products and Electronic Delivery Systems Bill to the National Assembly.

The newly proposed legislation seeks to repeal the Tobacco Products Control Act 83 of 1993 in order to address areas such as indoor public areas, display of tobacco products at point of sale, use of electronic devices and the introduction of plain packaging for tobacco products. The Bill provides for 100% smoke-free indoor public places; the ban on sale of cigarettes through vending machines; and plain packaging with graphic health warnings or pictorials and more.

The Bill will also prohibit smoking at the workplace, this would also apply to homeowners smoking in front of their domestic workers or gardeners while on their property. Contravening these laws will result in imprisonment or a fine, for instance, individuals who are caught smoking in prohibited areas will receive a fine or imprisonment of up to three months and those who manufacture or import tobacco products which does not meet the newly implemented requirements could face a fine and imprisonment of up to ten years.