Tobacco and nicotine use has changed dramatically since the Control of Tobacco Products and Electronic Delivery Systems Bill was first introduced. It’s time for a new approach to the regulatory framework, says Francois van der Merwe.
In recent weeks, we have seen a renewed push to call for the passing of the Control of Tobacco Products and Electronic Delivery Systems Bill. This juncture presents South Africa with a critical opportunity – not just to update our tobacco control laws, but to pioneer a truly innovative approach to crafting legislation that could set a global standard.
As the South Africa Tobacco Transformation Alliance, we in fact share the bill’s stated goal of improving public health. However, there is a better way forward – one that balances health priorities with economic realities and embraces a truly collaborative approach to policymaking.
This opportunity will be wasted if we rush to pass legislation that fails to account for the complex realities of today’s tobacco and nicotine landscape.
Firstly, we must admit that the landscape of tobacco and nicotine use has changed dramatically since this bill was first published for comment in 2018.
For one thing, the illicit trade of tobacco has skyrocketed, now accounting for an estimated up to 70% of the market and resulting in the loss of thousands of jobs. The market has evolved, with various new product categories having been established. The Covid-19 pandemic and its associated tobacco sales ban have reshaped consumer behaviour. Any effective legislation must account for these new realities.
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Moreover, it should be acknowledged that the process that led to the current bill fell well short of the robust stakeholder engagement our democracy demands. Many affected parties feel their voices weren’t adequately heard. And the flawed socioeconomic impact assessment of the legislation – conducted six years ago on a version of the bill that was substantially modified before being submitted to Cabinet – has been outdated by new realities.
We can do better. We must do better.
In light of SA’s new political reality, here’s a thought: we could pursue a new collaborative effort to co-create new tobacco legislation to ensure it addresses multiple critical objectives and has societal buy-in, balancing public health with economic health.
First and foremost, any proposed legislation must effectively tackle public health concerns surrounding tobacco use, implementing evidence-based measures to reduce smoking rates and protect non-smokers. This means it needs to go further than just state that reducing the health burden of tobacco as a goal, but should outline how its proposed mitigation measures will ensure this is the outcome in reality.
Simultaneously, it would confront the rampant illicit trade that not only undermines health initiatives but also deprives the fiscus of crucial revenue. According to research by Oxford Economics, for example, illicit cigarette sales shaved more than R20-billion off the national fiscus in 2023 alone, and R72.2-billion from 2020 to 2022.
The approach we are proposing would also allow for a comprehensive strategy that considers the current market realities and ensures appropriate safeguards across all product categories. Just as we in the traditional tobacco industry are willing to consider diverse perspectives, including those on newer product categories, we encourage policymakers to keep an open mind when crafting the most effective and appropriate legal framework. Importantly, the resulting regulations would strike a careful balance between public health goals and economic realities, particularly considering the impact on small businesses.
Finally, this process would ensure South Africa fully meets its international obligations under the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC), positioning the country as a responsible global partner in tobacco control efforts.
To achieve these ambitious goals, we propose a process anchored in transparency, evidence-based policymaking, and a genuine commitment to finding common ground.
This would begin with commissioning a new, comprehensive socio-economic impact assessment to be conducted on the latest draft of the bill, to understand the current landscape and potential effects of proposed regulations. Proper stakeholder consultations would be conducted through established channels like NEDLAC, ensuring all voices are heard and considered.
Additionally, legislators could examine international best practices in tobacco control, learning from both the successes and challenges faced by other nations.
This meticulous, inclusive approach would result in legislation that is not only robust and effective but also enjoys broad societal support – a crucial factor for successful implementation.
To those in the public health community calling for a speedy passing of the bill: We hear your urgency. We share your concern for the health of South Africans. But we respectfully suggest that taking the time to get this right will ultimately save more lives than rushing through flawed legislation that bears little resemblance to South African realities.
To our partners in government: We commend your commitment to improving public health and believe this is a unique opportunity to showcase South Africa’s dedication to inclusive policymaking and evidence-based regulation. By leading a collaborative process that engages all stakeholders, you can create a model of tobacco control legislation that other nations will aspire to follow. This approach not only aligns with South Africa’s democratic values, but also has the potential to produce more effective and sustainable regulations.
We stand ready to support your efforts in developing a framework that protects public health, combats illicit trade, and considers the complex realities of our economic landscape. Together, under your guidance, we can position South Africa as a global leader in innovative, balanced tobacco control policy.
We can rush through a flawed bill, inviting legal challenges and surging illicit trade to record-setting heights. Or we can take this opportunity to get it right, creating a robust regulatory framework that stands the test of time.
The road ahead won’t be easy. There will be tough negotiations and necessary compromises. But by working together, guided by shared goals and the latest evidence, we can create tobacco control legislation that truly serves all South Africans.
Van der Merwe is a spokesperson for the South Africa Tobacco Transformation Alliance (SATTA).
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