Puff, Puff, Pass. . . Outside? – Backlash brews over new proposed smoking laws
The Department of Health's proposed changes to tobacco laws could see smokers face jail time for smoking entjies and e-cigarettes indoors and failing to adhere to other prohibited smoking legislation.
Image: Thirdman/Pexels
South African liquor traders have raised serious objections to proposed new smoking legislation that would require significant changes to bars, taverns, and restaurants across the country.
The legislation, currently being processed by the Department of Health, aims to ban the display advertising of tobacco products, standardise packaging, and introduce stricter controls on e-cigarettes and vaping.
While the proposed changes affect the wider hospitality industry, including the ban on vending machines, the biggest challenge lies in where people can smoke.
Under the new Tobacco Products and Electronic Delivery Systems Control Bill, smoking would be outlawed indoors and in certain public spaces, forcing patrons to move outside.
New regulations also stipulate that designated smoking areas must be located a specific distance from windows, ventilation points, and entryways.
The Gauteng Liquor Traders Association (GLTA) expressed concern that this requirement would be completely unworkable in township environments, where many smaller taverns operate.
The association said that businesses had already invested in creating compliant smoking spaces after the last revision of the smoking laws, designating 25% of their floor space for this purpose. The new legislation, it argued, would force businesses to spend even more to build new spaces or risk falling foul of the regulations.
'The Minister has discretion over this distance, but the Department of Health previously suggested 10 metres. This provision is totally unworkable in a township environment,' the GLTA said.
The association added that staff would be required to leave the building to smoke, potentially leaving the venue vulnerable to security threats and affecting employee productivity. Similar concerns apply to patrons, who might be forced to move to isolated areas where they could be at risk of crime.
Although the GLTA focused its concerns on smaller, informal traders, it warned that all businesses with designated smoking areas would be impacted, regardless of their location, and would face increased costs.
The impact on the illicit cigarette trade
Business Against Crime South Africa (BACSA) argued that making it harder for businesses to operate legally could drive more traders towards the black market.
According to BACSA, the illicit tobacco market already accounts for 60–70% of sales, costing the national budget roughly R18bn each year.
The group warned that the draft legislation lacks enforcement measures to combat the illegal trade and does not provide tools such as track‑and‑trace systems or improved border controls.
The GLTA also pointed out that the new laws create the risk of increased corruption, especially given that certain elements within the police have been known to solicit bribes.
It stated that making it a criminal offence for businesses to fail to spot an errant smoker would only create further opportunities for exploitation.
Penalties
'The penalty for smoking in a banned area is three months in prison, and/or a fine. The penalty for smoking near a non‑smoking employee is ten years in prison and/or a fine."
The association noted that there are more serious crimes for the authorities to focus on in South Africa.
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