Legislation

Tobacco is a legal product which should only be sold to adults who are aware of the risks.

TISA believes the industry and its products should be regulated, however, it supports balanced, evidence-based regulation and taxation.

However, the South African Department of Health has commenced the process to introduce extreme new tobacco control legislation, which includes a ban on the display of all tobacco products, the introduction of standardised or plain packaging and a complete ban on indoor smoking, including the removal of designated smoking areas. It will also include all harm reduction, reduced-risk and electronic cigarette products under the new legislation.

Following a call for public comment on the draft bill, thousands of South Africans, including large and small business owners, the broader township economy, economists, trade experts, think tanks and civil society organisations commented on the potential unintended and negative consequences of the draft Bill should it be implemented.

TISA is also extremely concerned that the provisions made in the draft Bill will not serve to stop smoking, but will, in fact, exacerbate the illegal cigarette trade and thereby undermine the Government’s health agenda.

Given the strong opposition from all sectors of society to the new draft Bill, TISA contends that it be set aside in favour of the existing legislation. TISA believes the current Tobacco Products Control Act is appropriate and effective, and takes account of the rights of both smokers and non-smokers, but requires comprehensive implementation and enforcement.

Draft Bill proposed by Department of Health: 
Draft Control of Tobacco Products and Electronic Delivery Systems Bill 2018

Summary of draft proposed Bill:
SUMMARY – Draft Control of Tobacco Products and Electronic Delivery Systems Bill

See how the draft tobacco bill affects South African small business enterprise.

Interviews with the Tavern owners.