The public hearings were part of the final stage of public input before the Tobacco Control Bill moves forward in the legislative process.
There has been significant support for the Tobacco Products and Electronic Delivery Systems Control Bill at the provincial public hearings in KwaZulu-Natal, but it was also clear that most people reportedly do not understand the proposed legislation and the broader issues at stake held by some opponents.
Measures in the Tobacco Products and Electronic Delivery Systems Control Bill aim to reduce tobacco use, dangerous exposure to second-hand tobacco smoke and the initiation of tobacco use by young people.
Key proposals include making indoor public places and certain outdoor areas 100% smoke-free, banning cigarette and e-cigarette vending machines, implementing plain packaging with graphic health warnings and regulating electronic nicotine delivery systems.
The public hearings on the Tobacco Control Bill in KwaZulu-Natal took place over the weekend in Richards Bay, Pietermaritzburg and Durban North.
An Africa Centre for Tobacco Industry Monitoring and Policy Research (ATIM) study shows smoking rates are increasing in KwaZulu-Natal, surging from 14% to 20% between 2017 and 2021.
Overall, the hearings provided a platform for diverse opinions, reflecting the importance of public participation in the legislative process, says Zanele Mthembu, country lead for the Campaign for Tobacco-Free Kids and convenor of Protect our Next, a partnership of health, research and community organisations who support the Bill.
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Significant support for Tobacco Control Bill
Mthembu says there was again significant support for the Bill during the hearings, with many participants emphasising the health concerns, negative economic impact of tobacco and need for stricter regulations to protect non-smokers and vulnerable groups from second-hand smoke.
She points out that a good number of speakers expressed views on behalf of their communities, such as Pastor Luthuli from Verulam who voiced support for the Bill and advocated for more community education.
“This collective community spirit in support of the Bill is applauded and it speaks to the devastating impact of tobacco felt by communities and the importance of the bill in saving lives.”
However, Mthembu is concerned about the fundamental misunderstanding of the proposed legislation and the broader issues at stake held by some opponents of the bill.
“Many young people are clearly influenced by industry misinformation. We face a significant task in educating and raising awareness to prevent another generation from becoming addicted to tobacco and nicotine.”
The regulation of e-cigarettes and related products also remains a point of contention and misinformation.
“An advocate of harm reduction spoke as if the Bill includes an outright ban on e-cigarettes, which it does not. Instead, the Bill seeks to protect the youth from targeted marketing by the vaping industry,” Mthembu clarified
“Regulating the packaging of e-cigarettes and ingredients in e-liquids also does not bar adult access.”
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An effort to mislead consumers about aims of Tobacco Control Bill?
However, more than misinformation, there seems to be an effort to mislead consumers, she says. “Certain ‘harm-reduction’ doctors claimed that nicotine is non-toxic, which is a blatant lie. Beyond being addictive, nicotine is a ‘naturally occurring toxic chemical’ as defined by the CDC.”
Some young participants cited economic and job impacts from marketing restrictions as their reasons for opposing the Bill, advocating on behalf of those seeking opportunities in the tobacco industries, as well as vendors making a living from selling tobacco.
But Sanele Zulu of the South African Tobacco Free Youth Forum emphasises that tobacco control policy will lead to more jobs because there will be net employment gains due to expenditure in other goods and services.
“As more people stop smoking, spending will be reallocated to other goods and services. Those funds can be channelled towards building industries that do not market addiction and will add more value to the health of the nation.”
One of the opposers of the Bill argued that plain packaging would stifle creative job opportunities for design students, while another said that increased travel expenses for smokers needing to travel further to buy cigarettes justifies his opposition to the Bill.
Lorraine Govender of the Cancer Association of South Africa (Cansa) notes that design companies do not only work for the tobacco industry and says that graphic health warnings on plain packaging would still require design experts.
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Cigarette sellers will still be able to sell cigarettes
Siphesihle Gwambe of the South African Medical Research Council says the Bill will not ban the sale and use of cigarettes and there is no part of the Bill that will prevent those who currently sell cigarettes from doing so. Retailers only have to ensure that they do not advertise their products and target the youth to get hooked on nicotine.
Participants also mentioned preserving cultural traditions around tobacco, such as the use of snuff in public spaces, but Mthembu says the Bill does not prevent snuff use in public spaces or for traditional purposes.
“However, it is important to acknowledge the cancer risks associated with snuff, which contains over 3 000 chemicals, including 28 carcinogens.”
Most arguments from those opposing the Bill neglect the devastating health impacts of tobacco products that also have a major impact on our economy, says Mthembu. Tobacco costs South Africa R42 billion per year in treating tobacco-related illnesses and in lost productivity.
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Bill will make major contribution to healthcare
Prof. Lekan Ayo-Yusuf, director of the National Council Against Smoking (NCAS) and chairperson of the School of Health Systems and Public Health at the University of Pretoria, says the Tobacco Control Bill can make a vital contribution to curbing healthcare costs and improving standards of living, with benefits only increasing over time.
“As a major risk factor for non-communicable diseases, tobacco use adds enormously to the economic and human resources costs of the National Health Insurance (NHI). Measures in the new Bill can prevent harm, death and disability from NCDs by closing legislative gaps and properly regulating emerging products like e-cigarettes. Enacting the Bill will be a win for public health and the economy.”
Dr. Sharon Nyatsanza, deputy director of NCAS, says these hearings show the critical need for the Tobacco Products and Electronic Delivery Systems Control Bill. “They reveal how industry misinformation attempts to obscure the health crisis posed by tobacco, reinforcing the necessity for robust regulation to protect South Africa’s future generations.”
