South Africa became one of the first countries in the world to ban smoking in public places in 2000 when it introduced its Tobacco Products Control Amendment Act.
The South African smoking laws were tightened even further in 2009 when the government banned smoking in partially enclosed public places such as covered patios, verandas, balconies, walkways and parking areas, as well as smoking in cars where there are children under the age of 12 present. With this anti-smoking legislation come stiff penalties but this seems not to deter smokers and owners of places of entertainment such as pubs and some restaurants.
The record visited four popular pubs in Roodepoort and spoke to the patrons, managers and (hessitant) owners.
In all four pubs more than the maximum 25 per cent of the premises that is allowed to be allocated to a smoking area, is used as the ‘designated smoking area’.
Pub owners also abuse the technicality of the law by designating their kitchens and in some cases obscure outside areas to non-smoking. Although this might work on paper, it is unclear whether this loophole will fly with law enforcement officials. (Currently the police, metro police and health officials can enforce smoking legislation).
Of the four pubs only one received occasional visits to see if they comply with the legislation. The other four said that they are “hardly ever bothered”.
Another common breach of the law is that in three of the pubs the non-smoking areas were closed off only partially and not completely closed as it is supposed to be.
Another aspect of the law that seemingly is being ignored, is that in two of the pubs there were patrons under the age of 18 frequenting the smoking area, albeit under supervision.
A common refrain among the owners and managers of such establishments is that they would loose business if they had to follow the law to the letter.
The reaction of patrons were predictable. Smokers said that they would not go to a pub where they can not smoke and most non-smokers feel that they have to suffer due to pub owners and smoking patrons ignoring the law.
Rob Dalton and his friend Pieter Theron were having a beer at one of the pubs. Both are non-smokers but other patrons were smoking.
“We hate smoking. The worst is if I go to a pub, I come out stinking. Would I refuse to go and have a beer? No, but I’ll probably limit myself to one or two at the most, ” says Dalton.
“The fact that non-smokers are affected by those who break the law makes me angry. It is also unsocial. People would get up and walk out to answer their cellphones, why can they not go out to have a cigarette,” asks an indignant Theron.
At the next pub the record met a group of young adults sitting outside having drinks and a smoke. (Inside the pub almost everyone was smoking as well).
Jessica Santana, Lutie van den Berg and Johann Human are all smokers who say smoking in pubs do not bother them although Human says that he does not like smoke where he is eating. Brendan Fourie, their friend is a non-smoker and he says it definitely bothers him and he wishes smoking would be banned in public places.
At a third bar James Burnett and André van Wyk both were enjoying a cigarette inside the pub where the non-smoking part was closed off badly, while Jannie Alberts (a non-smoker) was having his meal at the table just behind them. They both said they do not mind smoking and Burnett says he is tired of how smokers get ostracised. Bunett’s brother Danny was one of the few non-smokers who said he did not mind smoking around him as long as the room is well ventilated.
On investigation it was found that restaurants tended to comply more strictly with the smoking laws.
As with other laws such as speaking on a cellphone while driving, it seems South Africans have a blasé attitude towards these laws and poor policing of the laws contributes to this.
