Parliament has agreed to send legislation proposing tough new tobacco laws back to the National Economic Development and Labour Council (Nedlac) for review.
This comes after mounting pressure from business, labour and several parties in the government of national unity (GNU).
MPs have been grappling with how to proceed with the Tobacco Products and Electronic Delivery Systems Control Bill after they became aware Nedlac had not had an opportunity to fully engage with it.
Nedlac is a consensus-seeking body that includes representatives of business, government and labour and usually considers policies and legislation with socioeconomic implications before MPs begin their deliberations.
In an unusual turn of events, Nedlac was not given an opportunity to interrogate the draft tobacco bill or suggest amendments before it was tabled in parliament in December 2022.
Business, labour and MPs from several parties in the GNU, including the FF Plus, ActionSA, DA and African Transformation Movement warned failure to comply with the requirements of the Nedlac Act left it vulnerable to legal challenge.
The act says Nedlac must consider policies and legislation with socioeconomic implications and submit a report to parliament on draft bills before legislators begin their work.
On October 25, parliament’s legal advisers gave the portfolio committee on health clearance to press ahead with the bill, but MPs were divided on how to proceed: the ANC and the committee chair took the view that work should continue, while other parties were opposed to doing so until Nedlac had been consulted.
MPs subsequently mandated committee chair Sibongiseni Dhlomo to discuss the matter with Nedlac to determine the way forward.
After a meeting with Nedlac on November 5, Dhlomo said the bill had been referred to the body for expedited consultation.
MPs will continue with provincial public hearings on the bill but will wait for Nedlac’s report before they begin their deliberations. The last round of provincial public hearings is due to take place this weekend in KwaZulu-Natal.
“Parliament and Nedlac were never at odds. The committee respects and will always promote the council’s importance as a vehicle where government, labour, business and community organisations will co-operate, through problem-solving and negotiation, on economic, labour and development issues and related challenges facing the country,” Dhlomo said.
Parliament and Nedlac were never at odds. The committee respects and will always promote the council’s importance as a vehicle where government, labour, business and community organisations will co-operate.
— Committee chair Sibongiseni Dhlomo
Nedlac executive director Lisa Seftel said the draft tobacco bill raised polarising issues that could benefit from consultation in Nedlac and reduce the likelihood of litigation.
A Nedlac task team is expected to hold its first meeting on the bill next week and will aim to submit its report to parliament by the end of January, she said.
The bill proposes tough new controls on tobacco and brings e-cigarettes and other new-generation products into the regulatory net for the first time.
Among its measures are a ban on smoking and vaping in public spaces, the introduction of plain packaging with graphic health warnings and the prohibition of vending machines. It will also ban the advertising, promotion and sponsorship of vapes and tobacco-related products.
While it was not ideal for Nedlac to consider legislation already in the parliamentary process, the consultation process set to get under way will provide the social partners with an opportunity to seek consensus on contentious aspects of the bill, said trade union federation Cosatu’s parliamentary co-ordinator Matthew Parks.
FF+ MP Philip van Staden welcomed the decision to send the bill back to Nedlac for review, saying it was vital that due process be followed. “This bill will have a huge economic impact. It must be dealt with at Nedlac,” he said.
ActionSA MP Kgosi Letlape agreed, adding that Nedlac’s report would assist MPs when they held public hearings in parliament.
DA MP Michéle Clark said the bill needed a new socioeconomic impact assessment, as the one accompanying the legislation had been conducted in 2018.
South Africa had seen a surge in sales of illicit cigarettes since the Covid-19 pandemic and MPs needed an up-to-date assessment of the bill’s impact on the economy, she said.
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