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LISTEN: New Tobacco Bill has township business owners troubled

Township associations are up in arms over the new Tobacco control Bill.

A collective of national township associations, representing close to 20 000 restaurants, taverns and small business traders, and their many thousands of township consumers say the new proposed laws tightening regulations on cigarettes is impossible to implement in the township.

Health Minister Aaron Motsoaledi released the Control of Tobacco Products and Electronic Delivery Systems Bill for public comment on May 9.

This legislation, already touted as one of the most controversial Bills introduced this year, calls for:

• A ban on all smoking in public spaces;

• Abolishing all indoor designated smoking areas (currently 25% of floor area);

• Limiting smoking to 10 metres from a window, walkway or door, which is impossible in any township in South Africa;

• A complete ban on the display of all tobacco products from retailer shelves, including spaza shops and informal traders who will no longer be able to display cigarettes on their tables.


Winston Hector President of the Eastern Cape Liquor Forum addresses the media at Monde’s Place in Pimville.

The Gauteng Liquor Forum, National Tourism Hospitality Association, Eastern Cape Liquor Forum, The Western Cape Liquor Traders Organisation and the Cape Flats Shebeeners Association have submitted their objections regarding the Bill and are calling on Government to scrap it, arguing that these laws will damage their ability to make an honest living and feed their families.

With regards to the 10-metre ban, let’s think of taverns, spaza shops in Kliptown, Nancefiled, Elias Motswaledi, Alexandra etc.

“The 10-metre ban is completely impractical in many of our townships because the idea of using metres won’t work well in the townships. This is due to the close proximity of the shelters. You will find yourself right in front of your neighbour’s door.



“So does this mean that smokers have to walk outside the township to find a legal place to smoke? This is going to kill our businesses,” says Phumzile Ratladi, tavern owner and Head of Communications, Gauteng Liquor Forum.

“Another factor is that some taverns will abide by the laws and others won’t, which means that the law-abiding taverns will lose their customers to those that don’t,” she added.

Ratladi also says that she is concerned that corrupt police will use the laws to extort bribes from taverns owners and their customers.


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The Bill also advocates for the removal of all signage on cigarette packaging, aside from the brand name and warning stickers.

“If the cigarette packet is not branded, it’s going to be a problem and we are going to see illicit trading also. People are going to be smoking poisonous products because you don’t know what’s inside, so it’s going to kill people. Fake cigarette brands are also going to prosper,” says Ratladi.



The associations say that, while they support the Government’s objective of a healthy nation, they demand the following:

– They call on the government to consult meaningfully with their constituents before the introduction of new laws;

– They call on the government to consider education as an alternative to meeting its objective for a healthy nation;

– They call on the government to scrap the new Bill and to enforce the current Act, which already takes into account the rights of all South Africans.

They [businesspeople] say that if the government is unwilling to do this, they demand that township businesses and their communities be exempted from these laws.

If the bill is approved, tavern, spaza and restaurant owners could face 12 months in prison for not preventing a smoker from smoking 10 metres from a doorway, window or walk away. The smoker will also face a year in prison.




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