Michael Gwarisa
South Africa’s Portfolio Committee on Health has flagged grey areas in the proposed Tobacco Products and Electronic Delivery Systems Control Bill, warning that the legislation continues to permit the smoking of combustible cigarettes and may therefore fail to protect millions of South Africans.
The discussion took place on the same day Finance Minister Enoch Godongwana cautioned in his national Budget speech about the destructive impact of illicit trade on the economy, a backdrop that sharpened the committee’s focus on South Africa’s expanding illicit cigarette market.
While the Department of Health reiterated the public health rationale behind the Bill, Members of Parliament questioned whether the proposed framework adequately reflects the country’s enforcement realities.
The Department emphasised that the Bill does not ban cigarettes but argued that smoking imposes a greater economic burden than the revenue it generates. It stated that for every rand generated in cigarette sales, the economy loses R1.50 through health care and productivity costs, while non communicable diseases remain the leading cause of death and disability in the country.
MPs did not dispute the health risks associated with tobacco use. Instead, debate centred on illicit trade, which several members described as the most urgent tobacco related crisis facing South Africa.
Multiple MPs referenced estimates suggesting that as much as 70 percent of cigarettes sold in the country may be illicit.
Vuyo Zungula, leader of the African Transformation Movement, remarked that the Bill appears to target only a minority of the market.
“This Bill is talking to only the 30 percent of the total market,” Zungula said.
Committee members questioned how new provisions, including penalties of up to 10 years’ imprisonment, would be enforced when existing legislation has struggled to curb illicit trade. Concerns were raised about capacity within the South African Police Service and the risk that additional regulatory burdens could unintentionally expand the illicit market.
Some MPs cautioned that plain packaging, if introduced without robust enforcement mechanisms, could create a haven for organised criminal syndicates.
The Department cited international precedent, particularly Australia, arguing that plain packaging does not increase illicit trade. However, several MPs stressed that South Africa’s socio economic conditions and enforcement capacity differ significantly from those of higher income countries.
The Department also referenced South Africa’s commitments under the World Health Organization Framework Convention on Tobacco Control and its Protocol to Eliminate Illicit Trade in Tobacco Products, which the country signed in 2013 and which still requires parliamentary ratification for full domestic implementation. Some members urged caution, emphasising that international frameworks must be carefully adapted to local realities.
Debate over harm reduction
A central policy tension emerged around whether combustible cigarettes and non combustible alternatives, such as vaping products, should be regulated in the same way.
The Department maintained that vaping is harmful and rejected its characterisation as a harm reduction tool, emphasising nicotine’s addictive nature and its broader public health impact.
Kgosi Letlape, an MP from ActionSA, challenged the Department directly, questioning its position on harm reduction. He noted that the FCTC references harm reduction and argued for risk appropriate regulation, meaning products with differing risk profiles should not automatically be treated identically.
Letlape also criticised the Bill’s punitive approach.
“For a product that is legal, when we do not even have this level of criminalisation for illegal substances, it is mind boggling,” he said.
Other MPs echoed calls for clearer differentiation between product categories. Committee Chairperson Faith Muthambi indicated that greater clarity, particularly around plain packaging provisions, would need to be incorporated before the Bill advances.
Prevention and cessation support
The Department acknowledged that nicotine replacement therapy is not currently available within South Africa’s public health system, although counselling services are offered. It argued that prevention must remain the primary focus.
MPs, however, questioned whether strengthening prevention without expanding cessation support would leave addicted smokers with limited options.
Naledi Nokukhanya Chirwa-Mpungose of the EFF stressed the need for practical alignment between legislation and lived realities, warning that laws must reflect how policies will function on the ground.
Illicit trade described as a “full blown crisis”
Zungula described illicit trade as a full blown crisis, a characterisation that resonated throughout the session.
MPs warned that if illicit products dominate the market, intensifying regulation of the compliant minority could produce unintended consequences, including further displacement into illicit channels and increased pressure on informal traders.
The Department indicated that it is open to limited concessions, particularly on product differentiation and illicit trade provisions. The Chairperson directed the Department to address the committee’s concerns before a vote on the Bill’s desirability proceeds.
