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The revamp of South Africa’s smoking laws has been a years-long, oft-delayed process. But, finally, the Portfolio Committee on Health has begun clause-by-clause deliberations, bring them a step closer to being a reality. After voting in favour of the desirability of laws in June, the committee began processing the Tobacco Products and Electronic Delivery Systems Control Bill this week.
The desirability vote was a major step in advancing the laws, bringing the committee on board and in line to get the bill to the National Assembly and, ultimately, the president’s desk. Now, MPs will consider amendments, including those that address various concerns raised about the laws.
The Bill seeks to tighten regulations on smoking and vaping in South Africa by banning indoor smoking and vaping in public spaces, enforcing plain packaging with graphic health warnings, removing all retail product displays, prohibiting advertising, sponsorships the and promotion of tobacco and e-cigarette products, restricting sales through vending machines, including at certain private spaces where children or non-smokers are present and treating vaping products the same as traditional cigarettes.
Anyone who violates these new laws could face penalties such as fines and lengthy jail terms.
The last round of public consultations wrapped up at the end of 2025 where certain issues were flagged, one of the main ones being the differentiation between combustible cigarettes and non-combustible nicotine products. In its current form, the bill treats combustible and non-combustible products through the same regulatory approach, but this is set to change.
Committee chair, Faith Muthambi, announced that lawmakers have already formally recognised the distinction between combustible and non-combustible products, which she said was a “key milestone”.
Another key issue was the definition of illicit trade. Stakeholders had warned that tougher smoking regulations could drive more consumers towards the black market, potentially fuelling illicit trade – something the country already experience during COVID-19 lockdowns when the sale of cigarettes was banned.
Muthambi said, “The committee accepts that illicit tobacco products seriously undermine tobacco control measures and represent a heightened public health risk to all citizens. To address this, most committee members highlighted that the ratification of the Protocol to Eliminate Illicit Trade in Tobacco Products is crucial”.
She said the approval would establish the regulatory framework needed to tackle illicit activities effectively, while ensuring the Bill remains consistent with the Constitution. The committee chair also highlighted “broad alignment” among all political parties represented on the committee, describing this as a positive sign for the continued and constructive processing of the legislation.
So, if you have been meaning to quit smoking, now might be a good time.
[Source: BusinessTech]
