MPS slam stricter smoking ban idea

M Ps SLAMMED the Department of Health yesterday for proposing stricter smoking regulations, saying there was no “rationale” behind it.

The amendments to the Tobacco Products Control Act would criminalise smoking in any building, outdoor venue, public or private beach, outdoor drinking or eating area, park, walkway, parking area, or within 10m of any doorway or window.

The director of health promotion at the department, Vimla Moodley, told the committee many non-smokers felt that existing laws did not protect them adequately and wanted a ban on indoor demarcated smoking areas.

“You would find that at many of these places, mothers go into the smoking areas with young children. We are hoping that with these new regulations, we are going to see less of this,” Moodley said.

Public comment on the regulations closed in August. Moodley said they were still reviewing the submissions. The department is hoping to finalise the law before the end of the year.

She said many businesses were putting measures in place to comply with the new regulations.

The department would conduct tests on the efficiency of warning labels and pictorials on tobacco products with a focus on the Western Cape and Gauteng.

According to Moodley, there are about 44 400 smoking-related deaths a year in the country.

Cope MP Papi Kganare questioned the regulation’s purpose and how the department would enforce it. “I’m really concerned that smokers are being pushed down here. I get the impression that you want to prohibit smoking completely,” Kganare said.

He said retention of designated smoking areas would be fair to smokers. “You want to ban these places. Where are they supposed to smoke? I thought it was better to have designated places for them. We just have to ensure that no children should be allowed in there.”

ANC MP Christina Dube said she felt the regulations were too restrictive. “You can’t say people must not smoke on the pavement [because] that is where they feel comfortable. What happens when these businesses, like Wimpy, start complaining that you are shutting them down by doing this? Let us not pass laws just for the sake of doing so,” Dube said.

Under the new regulations, business owners can be fined as much as R50 000, and employers up to R100 000 if they do not enforce the law.

Should the new regulation be passed, there would be a complete ban on indoor smoking, and smoking in certain public places would be prohibited, including stadiums, sports arenas, parking lots and walkways. On beaches, smokers will have to be at least 50m away from the nearest person.Smokers will also not be allowed to light up within 10m of a window or doorway in a public place.

Employers and the owners of establishments such as restaurants are allowed to demarcate an outdoor area for smokers subject to stringent conditions.