South Africa's Tobacco Bill: A Critical Step for Health & Against Illicit Trade

The Congress of South African Trade Unions (Cosatu) has presented its submission to Parliament’s Portfolio Committee on Health, throwing its full support behind the long-overdue Tobacco Products and Electronic Delivery Systems Control Bill. The trade union federation hails the bill as a critical tool to reduce the devastating toll of smoking-related diseases and deaths in South Africa, while also arguing that it is essential to safeguard the legal tobacco industry and its value chain from the “explosion” of the illicit tobacco trade.

Cosatu has championed this progressive legislation as a vital step in the campaign to reduce smoking rates and protect non-smokers and young people from exposure. While expressing disappointment that the bill took many years to reach Parliament, the federation is pleased it is finally under consideration, acknowledging it will likely face significant pushback from quarters with vested interests in both the legal and illegal tobacco trade.

Public Health Imperatives: The Devastating Cost of Smoking

The public health rationale for the bill is stark. Smoking remains the leading cause of lung cancer in South Africa, contributing to an estimated 30,000 deaths annually. It is also a major contributor to tuberculosis. The resultant healthcare costs exceed R1 billion annually, with an estimated loss of up to 0.9% in economic productivity due to smoking-related illnesses.

Cosatu highlights that the bill builds upon the pioneering anti-tobacco legislation first set in place under President Nelson Mandela’s administration in 1995. The new bill proposes several progressive provisions to further strengthen these protections:

Strengthened Workplace Restrictions: The bill aims to tighten restrictions on smoking at work, recognizing that existing smoking rooms or designated spaces often have insufficient air filtration systems to adequately protect non-smoking workers from secondhand smoke.
Smoke-Free Entrances: Smokers will be required to smoke at a specified distance from the entrances to workplaces and public buildings, addressing the common issue of smoke congregating at doorways and affecting those entering and exiting.
Protection of Children: A significant provision aims to ban smoking in front of children in any place, whether public or private. Cosatu acknowledges that enforcing this in private homes and cars will be challenging but stresses its importance in sending a clear societal signal that the rights and health of children must be protected. “Laws are not only about rules and penalties, but also about guiding society on what types of behaviour are acceptable,” the submission states.

Reducing Youth Appeal and Regulating Vaping

To make smoking and nicotine use less attractive, especially to impressionable youth, the bill introduces several key measures:

Advertising and Display Ban: Tobacco and related products, including vapes, will no longer be advertised or displayed in shops. Customers will need to ask store staff for specific products, which will be kept behind counters or out of sight.
Plain Packaging: Following international best practices from countries like Australia, tobacco and related products will be required to be sold in plain packaging to reduce their glamour and appeal to young consumers.
Graphic Health Warnings: Packaging will be mandated to display graphic health warnings, such as photos depicting the harmful effects of lung cancer, on all tobacco and related products.
Sales Restrictions: Sales will be prohibited in places where the age of the buyer cannot be confirmed, effectively banning sales from vending machines and online platforms. Sales will also not be allowed near schools and similar educational institutions.

Crucially, Cosatu notes that “the Bill provides a rationale framework for the emerging vaping industry,” bringing e-cigarettes and other electronic delivery systems under a comprehensive regulatory umbrella for the first time.

The Overarching Threat: The Illicit Tobacco Trade

A central theme of Cosatu’s submission is the severe threat posed by the explosion of the illicit cigarette trade. Illicit cigarettes, which retail on average at just 25% of the price of legally sold products, are estimated to now occupy a staggering 70% of the market. This poses a dual threat:

Undermining Public Health: The availability of cheap, unregulated cigarettes directly undermines the “sin tax” regime, which has been a key tool in discouraging young people from starting to smoke.
Economic Devastation: The illicit trade threatens to collapse the law-abiding tobacco industry and its associated jobs, from farms to manufacturing plants and the retail sector. It also results in massive losses of tax revenue for the state – an estimated over R30 billion annually. This is revenue that could be used to fund critical public services, including hiring badly needed doctors, nurses, and paramedics.

Cosatu expresses deep disappointment that the Department of Health has “failed to exploit this Bill to further empower the state” to tackle this “criminal pandemic.” The federation argues that the bill must be strengthened with bold provisions that not only empower but also compel state organs like the South African Revenue Service (SARS) and law enforcement to effectively combat these sophisticated and dangerous criminal syndicates. A key missing element, they argue, is a requirement for the tracking and tracing of tobacco and related products.

A Call for Determined Enforcement and Political Will

Cosatu concludes by emphasizing that strengthening the bill is critical, as is ensuring that officials from SARS, the South African Police Service (SAPS), the Hawks, and State Security are properly trained and equipped to win the war against illicit trade. They call for regular oversight hearings by parliamentary committees to hold these state organs accountable.

“This is an industry with deep pockets and one that has not been shy to purchase dodgy politicians,” the submission warns. “This is not a war for the faint-hearted or one that can be won through feelings. It requires a well-resourced and determined state.”

Cosatu believes there is space for a legally compliant industry and its jobs, but there is also a pressing need to reduce smoking rates, especially among young people. They urge Parliament to use this opportunity to strengthen the bill, particularly by adding robust measures to tackle the illicit trade, thereby protecting public health, securing vital tax revenue, and ensuring the long-term viability of the legal industry.

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.