The Portfolio Committee on Health has voted to advance the long-delayed Tobacco Products and Electronic Delivery Systems Control Bill, marking a significant step towards strengthening tobacco regulation in South Africa.
The bill received support from 10 committee members, while only one member voted against it. The decision revives legislation that has remained stalled in Parliament since 2018 amid strong opposition from the tobacco industry.
If passed into law, the bill will ban tobacco and vape advertising, prohibit smoking in indoor public spaces and introduce stricter regulations for electronic delivery systems such as vapes.
Committee members from the ANC, MK Party, DA, EFF and ActionSA agreed that the legislation should proceed, although several raised concerns about aspects of the current draft.
Among the issues highlighted were the need to distinguish between traditional tobacco products and vaping devices, review packaging requirements and address the illicit tobacco trade without negatively affecting informal traders. MK Party member Moshone Motubatse said there was broad agreement on the need to protect public health and prevent young people from accessing vaping products.
Motubatse said concerns raised by committee members did not make the bill undesirable, but instead provided an opportunity to strengthen it.”These concerns do not render the bill undesirable. Rather, they provide a clear roadmap for improving the legislation,” he said.
Committee chairperson Faith Muthambi said the bill presents an opportunity for South Africa to strengthen public health protections while developing legislation that recognises differences between tobacco and alternative nicotine products.
She said Parliament has an opportunity to pass legislation that protects children and young people while addressing concerns raised by stakeholders during the consultation process.Some members, however, questioned whether the proposed measures would be practical to enforce. DA member Michel Clarke said law enforcement and tax authorities had already indicated that they would struggle to implement parts of the bill in its current form.
Clarke said the DA opposes a complete ban on indoor smoking and instead supports retaining designated smoking areas covering up to 25% of indoor space.She also argued that provisions aimed at restricting smoking inside private homes would be difficult to enforce and could infringe on personal freedoms.
ActionSA’s Dr Kgosi Letlape said government should recognise harm reduction as an important component of tobacco control policy.
He said alternatives to combustible tobacco products should be made more accessible to smokers, including those with limited financial means. “Ensure that alternatives to combustion are available to all people who smoke so that even people with fewer means can access those alternatives,” he said. Despite the committee’s support, the bill continues to face opposition from those concerned about its economic impact.
Freedom Front Plus (FF+) member Philip van Staden, who cast the lone vote against the motion, said the bill was poorly drafted and lacked sufficient scientific evidence. Van Staden said no cost-benefit analysis had been conducted and warned that the legislation could have negative consequences for both consumers and the economy.”This bill is not evidence-based, not workable, no cost-benefit analysis has been done, and it is badly drafted,” he said.
He added that the adoption of the bill could result in lengthy legal challenges.Health advocacy groups welcomed the committee’s decision. The National Council Against Smoking (NCAS) described the vote as an important step towards strengthening tobacco control laws and protecting public health policies from corporate influence.
The bill will now proceed to the next stage of the parliamentary process, where lawmakers are expected to consider proposed amendments before deciding on its final adoption.
