South African MPs Debate Vaping & Illicit Tobacco Bill

South Africa illicit cigarettes

South African Members of Parliament have entered detailed clause-by-clause deliberations on the proposed Tobacco Products and Electronic Delivery Systems Control Bill. The Health Portfolio Committee is scrutinizing the bill’s definitions, with lawmakers demanding changes to address illicit trade, scientific evidence, and harm reduction.

MK Party MP Moshome Motubatse challenged the bill’s reliance on a “precautionary approach” for electronic nicotine delivery systems. He argued that legislation must be grounded in evidence rather than fear. “I would not put a precautionary approach as part of a legislative framework because legislation has to be based on evidence and on science, and not on fear,” Motubatse stated.

Other MPs urged the committee to recognize the differing risk profiles of nicotine products. ANC MP Masello Senne proposed amendments acknowledging that different products present different levels of risk. She argued that evidence-based frameworks should account for these differences to advance public health. DA MP Dr. Karl le Roux also called for clear definitions covering non-inhaled products like nicotine pouches and snuff.

The economic and enforcement impacts of the bill also drew scrutiny. EFF MP Naledi Chirwa-Mpungose proposed adding language to the preamble highlighting the detrimental impact of illicit tobacco. “We don’t agree that this Bill should be quiet on speaking overtly on the impact of illicit tobacco trade,” she said, arguing that explicit terms would empower enforcement agencies.

Meanwhile, ActionSA MP Kgosi Letlape criticized the bill’s narrow focus on cessation. Letlape warned against what he termed a “quit or die approach,” suggesting the law should allow current users to seek help through healthcare professionals and less harmful alternatives. “What about those that can’t quit? It would be irresponsible for a health board to come up with what might be assumed a quit or die approach,” Letlape said.

Committee Chairperson Faith Muthambi noted that public submissions across all nine provinces have provided valuable perspectives. Committee members will continue submitting proposed amendments to the secretariat as the clause-by-clause review progresses.

Matthew Ma
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