Nedlac Briefs Parliament on Divisive Tobacco Control Bill
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Cape Town – 14 May 2025 — The National Economic Development and Labour Council (Nedlac) presented its consolidated social partner deliberations on the Tobacco Products and Electronic Delivery Systems Control Bill to Parliament’s Portfolio Committee on Health, outlining areas of consensus, division, and constitutional concern.
The Bill, which seeks to replace the Tobacco Products Control Act of 1993, aims to align South African legislation with World Health Organization (WHO) protocols. It proposes extensive measures including plain packaging, advertising bans, health warnings, restrictions on smoking in public and private spaces, and regulation of electronic nicotine and non-nicotine delivery systems.
Nedlac’s engagement process, which included representatives from government, labour, business, and community sectors, revealed deep divisions—particularly between government and business—on critical provisions. Disagreements centred on harm reduction approaches, the classification and regulation of electronic delivery systems (EDS), and the perceived overreach of ministerial powers.
Key points of disagreement include:
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Product Risk Differentiation: Business lobbied for less stringent regulations for EDS and oral nicotine products, citing lower health risks compared to combustible tobacco. Government maintained a uniform regulatory stance, citing public health imperatives.
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Standardised Packaging: Government argued this aligns with global best practices. Business and community sectors expressed concerns over illicit trade and impacts on informal traders.
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Ministerial Powers: Business raised constitutional objections to the scope of the Minister of Health’s authority, particularly in enforcing standards and appointing a 15-member monitoring committee. Labour and government defended the provisions.
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Sales Restrictions and Enforcement: While all parties agreed on prohibiting child labour and online sales to minors, disagreements arose over sales near schools, verification processes, and the practicality of enforcing certain provisions.
There was cross-party agreement on several clauses, including the need for transitional provisions, the inclusion of the South African Revenue Service (SARS) in enforcement, and certain public disclosure requirements.
One notable consensus was reached on a new offence: the sale of tobacco products below the trade discount price, a move aimed at curbing illicit trade. This offence carries a maximum sentence of 15 years’ imprisonment.
The conclusion of the report, signed on 15 March 2025, noted that while all parties endorsed the document, business maintained reservations regarding constitutional compliance, regulatory proportionality, and the government’s Socio-Economic Impact Assessment System (SEIAS) process.
Nedlac expressed appreciation for the opportunity to facilitate multi-stakeholder dialogue and underscored a shared commitment to improving public health, despite persistent ideological and practical divisions on implementation.
