The Portfolio Committee on Health has concluded provincial public hearings on the Tobacco Products and Electronic Delivery Systems Control Bill (B33-2022) in Conville outside George, Western Cape where it received mixed views on the Bill The hearings were conducted across the nine provinces starting with residents of the North West province in 2023.
Dr Sibongiseni Dhlomo, the Chairperson of the committee, said the committee is confident that the platform it has provided for the public to share their views is in line with the obligations made by the Constitution.
Dhlomo shared that parliament had hosted a total of 27 hearings across all nine provinces, with the hearing in George in the Western Cape marking the conclusion of this public consultation process. More than 100 people attended, with about 30 individuals making oral submissions to the committee. In his address, Dhlomo underscored the urgency of the matter, citing alarming global statistics of tobacco-related diseases that claim eight million lives annually; 1.2 million deaths are attributed to passive smoking each year.
In George, the committee received mixed reviews for the Bill.
Representative from South African Tobacco Transformation Alliance, Francois van der Merwe criticised the bill for what he described as an overly broad approach that would treat all tobacco products in the same manner, regardless of their different health risks.
“This bill is a ban, as it stands now, on the wonderful opportunity to embrace the concept of tobacco harm reduction because it wants to treat all tobacco products the same way,” Van der Merwe said.
He argued that South Africa should explore harm-reduction strategies, such as offering consumers access to less harmful tobacco alternatives, particularly non-combustible products like vapes.
The president of South African Informal Traders Alliance, Rosheda Muller, expressed concerns about the economic impact of the bill and highlighted the potential harm the legislation could inflict on over six million informal traders who rely partly on tobacco sales for their livelihoods.
While acknowledging the health risks of smoking, Muller emphasised that many in the informal sector could suffer significant financial setbacks due to the proposed regulations.
Those who supported the bill argued its potential to reduce smoking rates and protect the health of South Africans, especially young people.
A University of Cape Town medical student Mamelelo Kgobedi said that tobacco-related illnesses are the leading cause of preventable deaths in the country, making the bill a necessary step in safeguarding public health.
Professor Praneet Valodia from the University of the Western Cape also expressed support for stricter regulations but voiced concerns about how the bill treats non-combustible nicotine products.
“South Africa, like the US Food and Drug Administration, should create a separate category for regulating non-combustible nicotine products. They should not be treated the same, as the current bill does,” said Valodia.
Andre van Zyl, owner of four tobacco shops in Plettenberg Bay and Knysna, warned that the new legislation would have a devastating impact on his business.
“The impact of the illegal tobacco trade has already been catastrophic for my business. While I appreciate the necessity for legislation to evolve with the times, I appeal to you not to make it excessively stringent,” he said.
Barry Buchman, CEO of Vaperite, which operates 35 outlets across the country, said he does not support the current law as it lumps two distinctly different industries into the same boat. The only thing in common between tobacco and vaping is nicotine.
The committee will now schedule oral hearings in Cape Town for those individuals and organisations who previously indicated their desire to make presentations before the committee.
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