Nedlac community representative criticises tobacco bill

The tug-of-war between the tobacco industry and government has reached an impasse, with key stakeholders expressing their dissatisfaction about the direction of the Tobacco Products and Electronic Delivery Systems Control Bill.

One prominent voice in the debate is CEO of the Nedlac Community Trust Nhlanhla Ndlovu. He said he is concerned about the government's unwillingness to differentiate between traditional cigarettes and smoke-free products, such as electronic nicotine delivery systems.

Another contentious issue is the proposed ban on the sale of single cigarettes, a measure Ndlovu believes will have devastating economic and social consequences.

“A significant portion of SA’s 11-million smokers purchase single cigarettes due to financial constraints. Banning the practice will only drive sales underground, fostering bribery and illicit trade, much like what happened during the Covid-19 cigarette ban,” he said.

“The proposal to criminalise the sale of loose cigarettes with penalties of up to 15 years in prison is outrageous and completely unrealistic. This will only create opportunities for corruption within law enforcement.”

As the bill moves through parliament, public hearings in the Free State and Western Cape have generated mixed reactions. Supporters of the bill argue stronger tobacco regulation is needed to protect public health and curb access to tobacco products, especially for vulnerable groups such as children and pregnant women.

Some have praised the bill’s alignment with the World Health Organisation’s Framework Convention on Tobacco Control, calling it a necessary intervention in light of rising tobacco consumption.

Critics have warned the bill could lead to unintended consequences. Many in the tobacco industry argued the bill will result in job losses and spur the growth of the illicit cigarette market, which could undermine tax revenue. 

Chairperson of the portfolio committee on health Dr Sibongiseni Dhlomo has emphasised the importance of public participation in the legislative process.

“To ensure there is parity and that all provinces hold three public hearings, the seventh parliament committee resolved it would hold single hearings in the two provinces. This is in line with the obligation to hold meaningful public participation and afford all South Africans the opportunity to contribute to the bill,” he said.

While the committee has acknowledged the mixed views expressed during public hearings, it remains committed to considering all submissions before finalising the legislation, he said.

Dhlomo encouraged Free State and Western Cape residents to attend hearings and make their voices heard.

“We encourage the people of Free State and Western Cape to come out in their numbers to make inputs on the bill and engender meaningful public participation, which is the bedrock of South Africa's democratic constitutionalism.”

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