The tobacco industry wants the final legislation to factor in smokeless products as a harm reduction portfolio, a view that was largely supported by members of the portfolio committee just before they voted on the desirability of the draft law.
Image: Courtney Africa/Independent Newspapers
Tawanda Karombo
South Africa’s controversial Tobacco Products and Electronic Delivery Systems Control Bill moved a step closer to becoming law on Wednesday after Parliament’s Portfolio Committee on Health voted in favour of the bill’s desirability, setting the stage for detailed clause-by-clause deliberations that could reshape the country’s tobacco and nicotine regulatory framework.
About 10 members of the committee consented to the desirability of the bill while only one member was opposed to advancing with the draft legislation. The Tobacco Bill will now be analysed and considered on a clause-by-clause basis.
It is on this basis that members – made of parliamentarians from across South Africa’s major political parties – will seek to factor in changes and improvements.
Kefilwe Ndaba from the National Informal Traders Alliance of South Africa (Nitasa) said in an interview the Tobacco Bill in its final format should curb illicit trade in tobacco and nicotine products.
“I have noticed that most of the people agree with the bill due to health issues but as Nitasa we recognise that smoking is a health risk and recognises that tobacco and cigarettes are legal products. Nitasa is committed to balanced regulation that considers economic realities,” she said.
“Tobacco sales are vital for survival of informal traders and the main problem is the illicit tobacco industry in our country which needs to be curbed as it is a health hazard that affects a lot of people.”
The tobacco industry wants the final legislation to factor in smokeless products as a harm reduction portfolio, a view that was largely supported by members of the portfolio committee just before they voted on the desirability of the draft law.
Faith Muthambi, chairperson of the committee, noted that the need for differentiation of combustible and non combustible nicotine products had broadly been endorsed.
“I am pleased that the Department of Health, through its responses to public comments in March 2026, has also officially accepted differentiation as a guiding principle, and has subsequently made some concessions and proposed amendments to this effect,” said Muthambi.
In its current form, she explained, the Tobacco Bill regulates combustible and non-combustible products through the same approach.
“Differentiation does not soften our resolve on illicit trade, which remains catastrophic to every public-health goal in this Bill and which carries a particular danger in our own context,” she said.
South Africa’s Tobacco Bill was first introduced during the Sixth Parliament and revived in July 2024 after lapsing. It seeks to strengthen regulation of tobacco products and electronic nicotine delivery systems, including vaping products.
It aims to regulate smoking in public spaces, restrict advertising and promotion, introduce standardized packaging requirements, prohibit sales to minors and ban vending machine sales. It aims to strengthen controls over the manufacturing and distribution of tobacco and nicotine products in the promotion of public health interests.
“We reject the notion of harm is harm concept that dismisses the responsibility to reduce harm when it cannot be completely eliminated. We must be mindful of regulations that might promote the illicit market for tobacco,” said a member of the portfolio committee on health.
He added that it was important for the bill to make provision for policing, enforcement of tobacco control measures and collection of taxes. Other members said informal traders had to be protected by the final tobacco law as they are different from tobacco manufacturers.
Product differentiation hogged the limelight in deliberations before the vote on Wednesday. Committee members argued that the bill does not sufficiently distinguish between traditional combustible tobacco products, such as cigarettes, and alternative nicotine products, including electronic cigarettes, heated tobacco products and oral nicotine products.
Members said parliament should consider introducing provisions that recognize these differences. They emphasised though that provisions that mandate safeguards to prevent youth access have to be put in place.
With the motion of desirability receiving support, the Tobacco Bill will now move to the next phase of parliamentary scrutiny. Lawmakers will examine individual clauses and consider amendments proposed by political parties and other stakeholders.
Large tobacco companies such as British American Tobacco SA (Batsa) and Philip Morris International South Africa have been fighting illicit trade on the local market. Batsa has had to shut down its only manufacturing plant in South Africa due to the impact of the illicit cigarette sector, putting over 200 jobs on the line.
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