Smokers may face jail time if they violate new proposed tobacco laws

The proposed changes to tobacco laws by the Department of Health could result in smokers facing jail time for smoking cigarettes and e-cigarettes indoors and failing to comply with other prohibited smoking legislation.

Cabinet approved amendments to the Tobacco Products Control Bill in Parliament earlier this year that could prohibit all smoking indoors.

The proposed legislation calls for a total ban on smoking in all indoor and select outdoor spaces, the elimination of tobacco product vending machine sales, and a greater emphasis on warning labels on cigarette boxes.

For violating the new proposed tobacco laws, smokers could face a fine or three months in jail, or six months in jail for smoking in the presence of a child or in the workplace.

Lorato Mahura, the department’s deputy director of health promotion, told Newzroom Afrika that tobacco products had evolved over time and that the old law only covered traditional tobacco products, not vaping products and e-cigarettes.

“We are also introducing some laws that will protect the non-smokers and vulnerable people, like children from the smokers,” she said.

Those who do not comply will face harsher penalties, according to Mahura.

“Those who are involved in smoking activities in the presence of children will receive six months imprisonment or a fine. But I don’t want people to only focus on the penalties that come because each and every case has its own merit,“ she said.

She also stated that they are considering tightening restrictions in places such as workplaces, schools, and private residences because the current law does not cover those locations.

Mahura also stated that the tobacco industry is opposing regulations on vaping and electronic delivery systems.

She also stated that health warning messages on packaging will be prioritised.