Monica Mahlangu
22 June 2018

On The 9th of May 2018, the Minister of Health, Dr. Aaron Motsoaledi published a draft Bill relating to the Control of Tobacco products and electronic delivery systems (also known as e-cigarettes).

The new Bill follows the imposition of stricter sanctions imposed on smokers, in particular legislative change brought about by the Control of Tobacco Products and Electronic Delivery Systems Bill, in which the Department of Health aims to control smoking by regulating the sale & advertising of tobacco products and other nicotine delivery systems (including electronic delivery systems).

From the date on which the new Bill is promulgated into law, smokers will no longer be allowed to:

  • smoke in any motor vehicle where a child under the age of 18 years is present or where there is more than one person in the vehicle;
  • smoke indoors or in public places (this includes the removal of designated smoking areas in restaurants);
  • smoke outdoors in certain public places or workplaces where the Minister has prohibited smoking in such areas on account of the public interest.

This aforegoing also applies to electronic delivery systems such as pipes, water pipes and electronic devices. The Bill further requires all signage on cigarette packages to be removed with the exception of the warning stickers and brand name. Further thereto, cigarettes will no longer be permitted to be publicly displayed by retailers.

Those who fail to comply with the new Act (once promulgated into law) may face a sanction of a fine or imprisonment for a period of up to 3 months. For those who stand to be affected by the Bill, they’d certainly do well to keep a keen eye on events relating to invitations for commentary and eventual promulgation into law.