Smoking in South Africa

Source from:  Health- e (Cape Town) 05/31/2013

Tobacco legislation in South Africa is constantly changing, and ignorant smokers may find themselves on the wrong side of the law with fines of up to R100 000. Here is what smokers should know, and the changes they can expect in future.

Current legislation

A number of tobacco laws are often misunderstood or plainly ignored.

·No smoking is allowed in a public space unless it is a designated smoking area. Currently no more than 25 percent of any premises may be allocated to the smoking area - up to R500 fine for the smoker and R50 000 fine for the owner. Smoking is also banned in partially enclosed areas.

This law is occasionally ignored by restaurant, pub and night-club owners who allow smoking anywhere on their premises or in areas larger than the prescribed 25 percent. This law also applies to outdoor areas such as sport stadiums and other event venues, where smoking is only allowed in designated areas - this does not include staircases and walkways.

Tobacco products may not be sold or supplied to anyone under the age of 18 - up to R100 000 fine.

As with alcohol, no cigarettes or tobacco products may be sold or supplied to anyone under the age of 18. The law includes the sale of flavoured tobacco products used for smoking the hookah pipe, or hubbly bubbly.

Children under the age of 18 are not allowed in a designated smoking area - up to R50 000 fine.

Some restaurateurs allow families with young children to sit in the smoking section because adults in the group want to smoke. The restaurant manager is required to ensure that no person under the age of 18 is present.

No smoking is allowed in a motor vehicle when a child younger than 12 years is present - up to R50 000 fine.

Under no circumstances is smoking allowed in any motor vehicle while a child under the age of 12 is present. Despite the well-publicised dangers of second-hand smoke, many adults still light up with children in the car thinking that opening a window is enough.

Regulation in the pipeline

There are several regulations in the process of being passed into law. These regulations have been published in the Government Gazette and are currently being considered by the Minister of Health. The following regulations are expected to come into force this year:

 Smoking will be not be allowed inside any building, and smoking in certain outdoor areas, for example, beaches, sport stadiums, etc. will be regulated. Smoking will not be permitted at all in outdoor eating or drinking places, covered walkways or parking areas or within five meters of any doorway, entrance to a public place, window or ventilation inlet.

Under these regulations, smoking will not be allowed in any public building, and smoking rooms, or designated smoking areas will not be permitted inside buildings. Smokers will have to smoke at least five metres away from windows and doorways.

Smoking will also be banned or controlled in certain outdoor areas, for instance children's playground or sections of beaches.

Smoking will not be allowed in any drinking or eating areas, therefore no more outdoor smoking areas at restaurants, bars or pubs.

Cigarette displays in shops.

Currently tobacco companies use displays at the point-of-sales to advertise and market their products. These displays are believed to encourage people, especially the youth, to start smoking and make it more difficult for smokers to quit. New legislation is being considered that will limit the size and number of tobacco product displays at retailers.

Regulation currently under discussion

There are also other tobacco regulations that are currently being discussed that will possibly become legislation within the foreseeable future.

Graphic health warnings on tobacco products.

The Minister of Health is expected to order picture-based health warnings to be placed on cigarette boxes and other tobacco packaging. In other countries, visual images of, for example, smoker's lungs, or tobacco-related cancers, have proven more effective than the text warnings that currently appear on South African tobacco packaging.

Policing smoking bans

The law states that the person in control of a public place is responsible for enforcing the smoking ban. For instance, at a restaurant, the manager or owner should ensure the law is enforced, or at a cricket match, the organisers of the event would have to train security personnel and other staff to ensure people only smoke in designated areas.

If the law is not enforced, any member of the public can lay a complaint by contacting the health department at the local municipality, or open a docket at the nearest police station. Some municipalities, like Cape Town, have a dedicated tobacco complaints line that deals only with these types of complaints.

Once a police docket has been opened, or a complaint has been laid and investigated, the offending party may have to appear in court or pay a fine. Enditem