By Lehlohonolo Lehana.
Consultations in Gauteng on 24-26 November mark the midway point in the national Public Consultation process on the Tobacco Products and Electronic Delivery Systems Control Bill hosted by the Parliamentary Portfolio Committee on Health.
North West Province, Limpopo, Mpumulanga and Free State are complete, with KZN and the Cape provinces to follow.
This crucial step in the legislative process provides an opportunity for citizens to scrutinise the bill, voice their support or query any points of concern and has sparked a widespread discussion. “These hearings present a vital opportunity for citizens to air their views and also to learn more about the Bill and what it means for public health and sustainable development in their communities,” says Dr Sharon Nyatsanza of the National Council Against Smoking (NCAS).
Experts from South Africa’s leading health organisations, united through the Protect our Next initiative, say widespread support has been voiced for the key measures in the bill at the hearings to date. These measures include creating smoke-free public spaces, banning vending machines, more stringent regulation on point-of-sale advertising and regulating electronic delivery systems such as e-cigarettes for the first time. At the same time, the South Africa Tobacco Interference Index has just been published. It shows a worrying increase in tobacco industry influence, with South Africa’s score dropping by three points since 2021. Protect our Next partner organisations, representing diverse public health and research expertise, warn of persistent distortions of the facts, fuelled by the tobacco and e-cigarette industry’s efforts to block the bill to protect their profits at the expense of public health.
“To defend its interests, the tobacco industry strategy is to pit communities against the government with claims about a complete ban on e-cigarettes and tobacco products, harsh penalties including imprisoning smokers, an increase in illicit trade and job losses,” says Kgomotso Kali, Project Lead at the Africa Centre for Tobacco Industry Monitoring and Policy Research (ATIM), at the University of Pretoria. “These are the only arguments they have, and are either inaccurate or over-exaggerated and unsubstantiated . In fact, the tobacco industry’s products impose massive healthcare costs, cause premature death and suffering, drain household and government finances and harm our environment. It’s time for us to ensure stronger tobacco control policies to reduce tobacco consumption and curb this harm.”
The first Global Adult Tobacco Survey conducted in South Africa (GATS-SA) conducted by the South African Medical Research Council (SAMRC) in 2021 shows high levels of tobacco use (29.4%) and second-hand smoke exposure in South Africa. The research further shows strong public support for regulations, with nine out of ten adults supporting a ban on smoking in indoor workplaces and public places. Survey lead investigator and specialist scientist within the SAMRC’s Alcohol Tobacco and Other Drug Research Unit, Dr Catherine Egbe says, “A sick nation is a poor nation. Our communities want freedom from tobacco and the damage it causes to our health, our environment and our economy. The Bill includes carefully designed measures to achieve this and we need it to be urgently passed into law so we can move towards a tobacco-free, healthy nation.”
The Bill prohibits smoking and the use of e-cigarettes in enclosed public areas, such as restaurants, and will make certain outdoor public places 100% smoke-free too, ensuring South Africans are free from exposure to second-hand smoke. It will remove smoking areas on public conveyances and apply the 100% smoking ban to common areas of multi-unit residences. It further prohibits smoking and the use of electronic cigarettes in private dwellings used for commercial child care or education, and in cars carrying children under 18, rather than under 12 as is currently the case.
The Bill introduces uniform plain packaging for all brands and pictorial warnings on all packages. Supporters argue that plain packaging will prevent producers from attracting young people with colourful packages and will help reduce consumption. Advertising of tobacco products, heated tobacco and electronic cigarettes at points of sale (tills) and the sale of cigarettes through vending machines will be prohibited. “What we currently have is simply not effective,” says Egbe. “The plain packaging and graphic warning policy has worked in other countries and is well supported. In South Africa, 58% of smokers said graphic health warnings, showing the health consequences of tobacco use, would encourage them to quit. As for e-cigarettes, they are not even regulated currently, so there is need to bring them under proper regulatory framework.”
Electronic nicotine and non-nicotine delivery systems will also be regulated through the Bill. “Through implementing the cost-effective, proven measures in the Bill, which apply to both tobacco products and e-cigarettes, we can help free our youth from addiction to nicotine,” says Zulu. Supporters argued that the Bill addresses a regulatory loophole, providing a framework for regulating the marketing, sales, standards, and use of these products. There is already enough evidence of harm for 107 countries globally to have chosen the path of regulating, or in some cases completely banning, e-cigarettes, according to Egbe. “GATS-SA shows that emerging products, including e-cigarettes and hookah, are mostly used by younger age groups. These products are a major concern for parents, schools and communities, and should be regulated in South Africa.”
Lorraine Govender, National Manager of Health Promotion for the Cancer Association of South Africa (CANSA), says the new Bill will help free South Africa from the burden of non-communicable diseases caused by tobacco, including cancer. “We have long campaigned for better measures that can free South Africa from the crippling impact of non-communicable diseases, which are currently responsible for the deaths of 50,9% of South Africans. Tobacco use is a major risk factor and is currently estimated to cost South Africa R42-billion per year in treating illnesses and loss of productivity. We must take action to free our economy from further strain and we look forward to stronger legislation that will better protect our rights to freedom and health.”
While concerns have been raised about potential job losses and the impact on the tobacco-growing industry, as well as the impact on small businesses, Prof Lekan Ayo-Yusuf, Director of the National Council Against Smoking (NCAS) and the Head of the School of Health Systems and Public Health at the University of Pretoria counters these fears, arguing that the tobacco and e-cigarette industries often exaggerate the economic and employment impacts of control and tax policies. “A decrease in tobacco expenditure could lead to increased spending in other sectors, creating jobs and stimulating the economy. The decline in jobs related to tobacco is largely due to advancements in farming and manufacturing processes, rather than the impact of control laws or tax increases.” Research from Tobacconomics supports this view, indicating that tobacco control policies, including taxes, can have a net-positive effect on employment, especially in net-importing countries.
“Freedom from tobacco use means so many things – freedom to breathe, to be healthy, to live longer lives. It frees our loved ones and communities from toxic second-hand smoke. It also gives hungry communities the freedom to spend more money on food, rather than tobacco, “says Sanele Zulu, Convenor of the South African Tobacco-Free Youth Forum (SATFYF). “Our young people need to make the right choices, but they also deserve better protection from the targeted marketing of tobacco and e-cigarette companies. The new Bill provides this protection.”
Show your support for a tobacco-free and nicotine-free South Africa by attending a public hearing near you and visiting www.protectournext.co.za to pledging your support for the Bill.
GAUTENG VENUES:
Lesedi Local Municipality in Heidelberg, Heidelberg Town Hall – 24 November 14:30 – 19:30
West Rand Region, Westonaria Banquet Hall – 25 November, 10:00 – 15:00
Tshwane Region, Tshwane House Council Chamber (Pretoria Central) – 26 November, 10:00 – 15:00.