ATM rejects reintroduction of tobacco products bill

ATM leader Vuyo Zungula

ATM leader Vuyo Zungula

Published Sep 5, 2024

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The African Transformation Movement (ATM) has raised concerns over the proposed Tobacco Products and Electronic Delivery Systems Control Bill.

The party has criticised the reintroduction of the bill after it failed to be implemented during the sixth democratic Parliament.

“The ATM acknowledges the efforts to regulate electronic delivery systems, commonly referred to as vapes, which are currently without regulation.

“We appreciate the introduction of stringent measures aimed at curbing tobacco consumption; however, we express significant concerns regarding the Bill in its current form.

“While we support initiatives intended to reduce the high rates of non-communicable diseases in South Africa, we believe that the Bill is fundamentally flawed in both procedure and substance,” the party said.

ATM leader Vuyo Zungula said the party’s analysis suggested a troubling inclination within the government to adopt a philosophy where “the end justifies the means".

Zungula said the idea was counter productive and would not effectively address South Africa’s serious tobacco consumption rates.

Instead, it risked exacerbating joblessness and economic hardship, particularly within the informal retail sector.

Zungula said his party’s concern had primarily to do with the lack of consultation with the National Economic Development and Labour Council (Nedlac), when the Bill was first introduced in Parliament on May 31, 2022.

He said assurances were given at the time for it to be tabled at Nedlac for necessary review; however, this commitment had not been honoured.

“In its 2023/2024 Annual Report, the government [neglected Nedlac’s] role in crucial policy discussions, including those regarding tobacco control.

“Given that the proposed measures will significantly affect many South Africans, it is disingenuous for the government to sidestep Nedlac amid apparent societal disagreements over the Bill.

“The current Bill differs markedly from the draft shared for public comment in 2018. The altered bill grants the Minister of Health powers not previously outlined, which raises concerns about stakeholder acceptance and potential arbitrary government actions in public health matters,” the ATM leader pointed out.

Further, Zungula said lack of public consultation regarding the regulation of vaping flavours was alarming, especially since such flavours were vital for helping users transition away from traditional smoking.

“A major concern is the proposed ban on loose cigarette sales and display bans, which may effectively criminalise millions of informal traders.

“In a nation grappling with high unemployment, it is unacceptable for government to implement measures that would deprive individuals of income from a product that is readily accessible.

“Such actions reveal a disconnection between the ANC's policies and the realities faced by the citizens it represents”.

The ATM leader further stated that the bill failed to address the critical issue of illicit tobacco trade, which accounted for nearly 60% of the market, according to the National Treasury.

Zungula said ignoring such reality hampered effective tobacco control efforts and risked pushing legitimate businesses into jeopardy while allowing the illicit trade to flourish.

“The illicit market is at the forefront of young people initiating smoking, especially because it falls outside the regulatory net.

“Further, neither government nor smokers know with any certainty the chemical composition of these products, which poses an even greater harm and danger to the health of smokers,” he added.

Zungula called on government to revisit the Bill comprehensively.

“Without a current socio-economic impact assessment, a thorough report from Nedlac, and revised scientific data regarding vaping regulations, this Bill seems to be an insufficient and misguided governmental attempt to moralise and dictate to South Africans”.

The Star

sipho.jack@inl.co.za