Anti-Smoking Legislation

According to the World Health Organisation (WHO), tobacco kills half of those who use it, and it estimates that about 700 million children or almost half of the world's children inhale air polluted by tobacco smoke.
South Africa’s anti-smoking legislation has become far more stringent over the years affecting both smokers and non-smokers. The legislature’s main aims have been to limit the public places in which smoking is permitted, limiting exposure of harmful second-hand smoke to non-smokers and children, as well as regulating the manufacturing and marketing of tobacco products. The legislation also extends to both the workplace, as well as the hospitality industry.
Smoking legislation was initially governed by the Tobacco Products Control Act 83 of 1993. However, many changes have been introduced through the Tobacco Products Control Amendment Act 23 of 2007 and the Tobacco Products Control Amendment Act 63 of 2008 – heavier penalties and fines are among these changes.
A few of the most noteworthy of these fines and regulations are as follows: 

1.    An individual smoker will pay R500.00 if found smoking a tobacco product in a public place. A public place being defined as: 

“… any indoor, enclosed or partially enclosed area open to the public, including any workplace or public conveyance such as commercial or chartered aircraft, ship, boat, mini-bus or taxi.”

2.    Retailers face a maximum fine of R100 000 if they sell a tobacco product to a person under the age of 18, or if they employ a person under the age of 18 who will be required to sell or offer to sell any tobacco product on the business premises.

3.    An employer of a workplace can be expected to pay a fine of up to R50 000.00 if they do not display the prescribed signs informing persons who enter an area controlled by such employer, that that particular area is a smoking or non-smoking area, as the case may be.

4.    Adults may not smoke in a car when a passenger under 12 years is present.

5.    No person under 18 years of age may be allowed into a designated smoking area.

6.    Parents may no longer be seated in the designated smoking area of a restaurant with their babies.

7.    The sale of confectionary toys that resemble tobacco products is prohibited.

The list above is by no means exhaustive, but it is evident that South Africa’s anti-smoking legislation has strengthened, with expensive consequences for those who do not comply.