Informal traders ask for more time to comment on tobacco bill

Provisions in bill would have a negative effect on hawkers, including proposed ban on sale of single cigarettes: Nitasa

A South African Revenue Service customs officer called to the scene confirmed that while the cigarettes complied with the Tobacco Product Control Act regulations, they were not declared in terms of the Customs and Excise Act. Stock photo.
A South African Revenue Service customs officer called to the scene confirmed that while the cigarettes complied with the Tobacco Product Control Act regulations, they were not declared in terms of the Customs and Excise Act. Stock photo. (123RF/DZIEWUL)

Informal traders have called for a 60-day extension to the August 4 deadline for public submissions on the Tobacco Products and Electronic Delivery Systems Control Bill. 

They are arguing that the short time allocated will harm their rights, and say the government is trying to railroad legislation through parliament.

The aim of the bill is to regulate the sale and advertising of tobacco products and electronic delivery systems, and the packaging and appearance of tobacco products and electronic delivery systems. 

“If government really wants to hear what informal traders think about this bill and the impact it will have on the informal trade, they need to give us the time to do it properly,” said Rosheda Muller, president of the National Informal Traders Alliance of South Africa (Nitasa). 

Nitasa represents thousands of informal traders, hawkers, spaza shop owners and home-based operators across the country. 

It said cigarettes were one of the most highly traded products in the informal sector of the retail market and formed a large percentage of many traders’ incomes.

“The majority of traders don’t even know about the bill, let alone understand the impact on their livelihoods and ability to trade,” Muller said. 

She said the government was paying lip service to the idea of public consultation.

Muller said the call for submissions was only published in newspapers on June 25 but closes on August 4. “We believe this is far too short a period for those operating in the informal sector to consult and make a submission.” 

Muller said there were a number of provisions in the bill which would have a negative effect on informal traders, but one of the most damaging was a proposed ban on the sale of single cigarettes. According to the bill, vendors will only be allowed to sell a whole box to a customer, in its original sealed packaging. The penalty for selling singles is a 10-year prison sentence or a fine. 

“The prison sentence for aggravated assault is three years, but government wants to send informal traders to prison for 10 years for selling a legal product. This is madness. 

“Customers don’t want a box at a time, mostly they cannot afford to buy a box.

“We know this ban will either not be implemented in the informal trade or create opportunities for corrupt policemen to extract bribes from informal traders.” 

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