New Tobacco Bill Gazetted

A vital public health measure.

16 October 2003

Health Minister Dr Manto Tshabalala-Msimang has released details of new provisions designed to protect public health by strengthening South Africa's tobacco control laws. A Bill to amend the Tobacco Products Control Act of 1993 is to be published for comment in a special Government Gazette tomorrow (Friday).

The Bill brings the existing Act in line with the provisions of the WHO's International Framework Convention on Tobacco Control (FCTC) and makes it more effective by closing loopholes and increasing fines.

South Africa is a cosignatory with 74 other countries of the FCTC that commits governments worldwide to taking measures to reduce the tobacco epidemic -- which WHO calls a "global public health emergency".

The Bill also closes loopholes that have allowed easy contraventions of the Act.

"The government's position on smoking is very clear," said Dr Tshabalala- Msimang. "We have a responsibility to ensure that children don't start smoking, to protect non-smokers from passive smoking and to help smokers quit. We have to create a social environment that promotes health. This is a moral and constitutional imperative."

The main provisions of the proposed amendment Bill are:


"We have to find new ways to help people understand what emphysema, peripheral vascular disease and cancer mean to a smoker's health," said Dr Tshabalala-Msimang. "A picture really does speak more than a thousand words. While diehard smokers may ignore the messages, youngsters about to start smoking will have second thoughts and those thinking of quitting will be encouraged to quit."

The Department of Health is encouraged by the large number of South Africans who respect the laws against smoking in public places. However, some establishments have been breaking the law with apparent impunity. This suggests the current fines are not acting as a sufficient deterrent because they are too low. Increasing the fines to R20 000 for a first offence and to R100 000 for a second offence is intended to get proprietors of public places to treat the law with greater respect.

According to health experts, many smokers wrongly believe that "light", "mild" and "low tar" cigarettes are safer than regular cigarettes. There is no scientific evidence for these claims. Such labels falsely communicate safety and the WHO has recommended that such misleading terms be banned.

The Bill has been published for public comment and interested parties have until November 17 to make their views known in writing to the Department of Health, for the attention of:

The Director-General
Department of Health
Private Bag X828
Pretoria 0001

Released by the Communication Unit, Department of Health.

Inquiries to:
Patricia Lambert, Ministerial Adviser (082 566 3608)
Zanele Mthembu, Director of Health Promotion (082 574 3777)
Jo-Anne Collinge, Departmental Spokesperson (082 787 0202)