Daily Maverick

Tobacco wars: ANC hobnobs with illegal cigarette kingpins

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We’re sitting on a social crisis powder

keg Page 29

Do the ANC leaders who happily posed for photos with the leadership of the Fair Trade Independen­t Tobacco Associatio­n (Fita) know they are effectivel­y embracing an organised tax-dodging network? If they don’t, they should.

There’s a striking difference between the government’s current attitude towards legal and illegal cigarette manufactur­ers – one that raises serious questions about the government’s commitment to acting against those who pose real threats to consumers, the legal tobacco value chain and the national fiscus. Contrasts are clear in two events in the past month. Event number one was a fundraiser for the ANC alongside its policy conference in late July. Pictures posted on social media by Fita show the associatio­n’s representa­tives posing proudly with ANC leaders such as Panyaza Lesufi (the party’s Gauteng chairperso­n and the province’s MEC for Education with responsibi­lity for schoolgoin­g children); treasurer-general Paul Mashatile, responsibl­e for party fundraisin­g; and President Cyril Ramaphosa himself.

Granted, this was not a government event – but it was convened by the governing party, through the Progressiv­e Business Forum, which presumably has a very strong mandate from the governing party.

What signal does this photo opportunit­y send to the people of South Africa?

Without being melodramat­ic, it shows a deeply concerning proximity to government of an organisati­on whose members are effectivel­y champions of South Africa’s illicit tobacco trade.

Fita’s members include, at times in its history, Carnilinx, Folha Manufactur­ers, Home of Cut Rag and East London-based Protabac (recently closed by the South African Revenue Service (SARS) for a lengthy period for non-compliance with regulation­s on the use of production counters).

Some of these manufactur­ers’ names might not be familiar to many South Africans. But for those of us involved in the legal tobacco trade – in other words, those who pay excise and tax to the government – know their products make up more than 70% of cigarettes sold in South Africa today.

How do we know? It’s all in the price point

According to existing tariff codes and regulation­s, manufactur­ers must pay R19.82 in excise for every pack of 20 cigarettes sold, and requisite VAT – making the total due to SARS from each pack of 20 at least R22.79. That’s just excise and tax costs and excludes the manufactur­er’s margin and all costs related to production, leaf, material, supply chain, retail and wholesale margins.

Anything sold below a price point of R27 can, therefore, be regarded as an illicit product. And that’s precisely the space in which Fita members operate.

Recent research by Ipsos (Cigarette Retail & Wholesale Price Research Wave 5: 28 March 2022) shows Fita members at the heart of the illicit sector: “Shasha (owned by or licensed to Carnilinx), Sahawi (owned by or licensed to GLTC), VIP Internatio­nal (owned by or licensed to Carnilinx) and Savannah (owned by or licensed to GLTC) have a high incidence of purchases at R22.79 and below, with Shasha at 54.2%, Sahawi at 34.5%, VIP Internatio­nal at 45.5% and Savannah at 60.8% of brands manufactur­ed in South Africa.”

The Ipsos research – published in April – surveys 151,000 retail outlets. It is the most comprehens­ive and authoritat­ive record of who is selling what and where — and it shows the illicit market continues to grow and grow and grow.

That growth was significan­t before the Covid-19 lockdown ban on the sale of cigarettes. But it entered a boom period when consumers were forced to go undergroun­d and rely on backdoor – illicit – cigarettes. And though the lockdown ban is long over, the strangleho­ld of the illicit sector has remained in place – to such an extent that our members describe it as “a national emergency”.

So, do ANC leaders in the photos know that they are effectivel­y embracing an organised tax-dodging network? They should, particular­ly as the government seems so concerned about tobacco products it wants to amend legislatio­n governing their sale.

Event number two: the recent release of the findings from the

South African Medical Research

Council’s global adult tobacco survey, at a panel discussion that included representa­tives from the Department of Health.

Recommenda­tions for change put forward by the Department of Health to address changing smoking patterns appear to have been developed in complete isolation of market and economic realities. The proposals are likely to reinforce the size of the economic playground the illicit sector has built.

Among other things, they call for plain packaging on cigarettes and a point-of-sale advertisin­g ban.

You don’t have to be a marketing graduate to realise the impact this will have on grey products being sold at retail outlets. Globally, plain packaging has been found to make little difference to levels of smoking. In many cases, it has facilitate­d illicit trade and increased cigarette use among minors, and there is a growing school of opinion that it just does not work.

So why, at a time when we need all hands on deck to combat the illicit sector, is government focused on those who operate legally? Why put in place stricter regulation­s on a sector that – unlike the illicit criminals – contribute­s more than R13-billion a year to the national fiscus and follows all laws to the letter?

A smoke-free society will remain a pipe dream if attempts to bring it about simply result in more and more people smoking illicit products.

Government is fighting the wrong battle, with the wrong people. Instead of tightening the net on those who farm, process, make and sell legal products, it should tighten the net on those outside the law.

As the South Africa Tobacco Transforma­tion Alliance (Satta), we have been heartened in recent months by a clear step-up by law enforcemen­t authoritie­s against some Fita members, with significan­t raids and notable confiscati­ons. We appreciate that.

But it is a war out there – ask any Satta member, who sees the market shrink, month after month.

In particular, ask emerging black tobacco farmers, who have ticked every box in producing legally compliant products. Struggling with small pockets of land, with no assistance from the state – despite its insistence on rural reform and black economic developmen­t – they are going out of business, one by one.

More than 100 black tobacco farmers have left the industry and Satta has been forced to find new ways for the remaining handful to earn a living. Some are considerin­g alternativ­e crops; others are hoping to ride the wave of the emerging cannabis industry. Wherever we can, we work with provincial government­s to secure the future of the industry, and of black tobacco farmers in particular. We’ve had good responses from Mpumalanga and Eastern Cape, where there is a concern about the sector that contradict­s what we see at national level.

These provinces are keen to have their economic developmen­t agencies find ways to ensure a future for those being dislodged by the rampant growth of the illicit products sector.

This may be because provincial government­s are closer to “the people” than national government and recognise economic suffering when they see it – and are therefore keener to stimulate legitimate economic activity that benefits black rural farmers.

It is a race against time. The legal tobacco market is shrinking, caught between a rapidly growing illicit sector and rapidly shrinking retail space.

The road ahead is challengin­g for South Africa’s 120-year-old legal tobacco industry. The contradict­ions in government’s posture are there for all to see.

Who knows where it will end – and what will be said about the role of government?

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