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The residents of greater Ngaka Modiri Molema District Municipality have in their majority supported the objectives of the Tobacco Products and Electronic Delivery Systems Control Bill (B33-2022) as they believe it strengthens the country’s public health policy. The Portfolio Committee on Health hosted the last of three public consultation processes in Mahikeng which concluded the North West Leg of nationwide public hearings yesterday.  

“We are generally satisfied with the process that unfolded thus far and are confident that we have met the standard set by Section 59 (1) of the Constitution. The committee will take into consideration all the submissions made when we deliberate on all public submissions made to the committee,” said Mr Kenneth Jacobs, the Chairperson of the committee.

There was more support on the Bill especially the proposal of smoke free zones as supporters were of the view that it will empower and protect non-smokers from possible dangers caused by second hand smoke inhalation. Those in support also highlighted that the provisions of the Bill will lessen the burden on the healthcare system caused by the consumption of tobacco products. There was also a view that by passing the Bill and reducing the consumption of tobacco products, the country will benefit through increased productivity as more people will not waste time with constant smoking breaks.    

Regarding the electronic delivery system, there was a strong view that the Bill addresses the regulatory loophole of those products. Also, those with this view said the regulation is necessary to give a framework on how they are marketed, where they are sold, testing standards and research on those products. Supporters were critical of producers of tobacco and electronic delivery systems on the basis that the industry cared more about its selfish interests and not the wellbeing of the people.  

Regarding packaging and advertising of tobacco and non-tobacco-based products, there was a strong argument that the standardised packaging proposed by the Bill will prevent producers from attracting young people with colourful packages and will have the desired effect of reducing consumption. A concern was highlighted that young children are exposed to tobacco products and those who expressed that concern argued that passing the Bill into law would guarantee their protection.  

Despite the support the Bill enjoyed during the hearings, there were those that rejected it on the basis that passing it into law will have a negative impact on the economy. The reason for this, according to them, was that the country is failing to address illicit tobacco products which are already dominating in the tobacco industry and market. Furthermore, they cautioned that the over-regulation would reduce the national tax revenue base and fiscus from the industry in the end. 

Those who work within the industry pleaded that the Bill has a potential of closing the industry and that will be followed by retrenchments and unemployment as the industry is one of the major employers and creators of job opportunities in the country. They also highlighted the lack of capacity on the side of the state on the implementation of the current legislation. They warned that standardised packaging will promote the sale of illicit and substandard tobacco products which are more harmful to consumers.    

The committee reiterated its appreciation of the interest shown by participants in North West and the qualitative contributions they made. The committee continues to call for individuals and organisations to make written submissions after it has extended the deadline for written submissions. The closing date for written submissions is 4 September 2023. It will afford interested parties to make submissions to it. Written submissions must be emailed to: tobaccobill@parliament.gov.za or submissions can be made online on: https://docs.google.com/forms/d/e/1FAIpQLSfjWlMn59a9z58aNNN6UYWWAeP14_m7p0oJQARaSGg7QxED7Q/viewform?pli=1.  

The committee will conduct public hearings on the Bill in Limpopo and Mpumalanga respectively and will communicate the dates and venues once all necessary internal processes have been concluded.  

Issued by the Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Health, Dr Kenneth Jacobs