Draconian overreach

AS WE report today, the government is considering implementing draconian new legislation regarding the sale and use of tobacco products, including the e-cigarette or vaping sector.

If it becomes law, indoor smoking will effectively be banned – even in private homes where children or non-smokers are present.

The sale of tobacco products will become even more regulated, especially at outlets close to educational institutions or malls to avoid creating new generations of smokers and vapers.

Tobacco products will effectively be almost indistinguishable from each other and have to be sold under the counter – like contraband.

The government, and in particular the Department of Health, is concerned that if it does not act, it will be unable to prevent young adults falling into the trap of tobacco addiction.

At a certain level, it is highly laudable. Smoking is dangerous to your health, there is absolutely no doubt about that. But at the same time, people have a right to smoke, whether politicians like that or not.

Managing this draws a very fine line between enforcing compliance and reaping the millions of rand in taxes and excise from the legitimate sector, or encouraging smokers to go underground.

The Covid-19 lockdown tobacco ban is a textbook example of what happens when the government oversteps its mandate.

If the government is committed to cutting down the number of smokers, it should be strictly controlling and taxing the legal sector while ruthlessly eradicating the illegal sector, not jailing smokers.

But enforcing existing laws – and prosecuting the wrongdoers – is not a strong point of this administration or its predecessors.

As such these new laws will do nothing but embolden the pirate tobacco industry, which preys on the needy, especially the most vulnerable in our society, and perhaps deal a fatal blow to the legitimate tobacco sector – stubbing out a very important Sars contributor in the process.