JOINT submission on Tobacco Bill

JOINT SUBMISSION ON TOBACCO BILL

13 AUGUST 2018

 

XX August 2018

JOINT SUBMISSION ON THE
DRAFT CONTROL OF TOBACCO PRODUCTS AND ELECTRONIC DELIVERY SYSTEMS BILL, 2018 AND ITS
ACCOMPANYING SOCIO-ECONOMIC IMPACT ASSESSMENT

We, the undersigned, submit that the Draft Control of Tobacco Products and Electronic Delivery Systems Bill, 2018, is problematic and should be set aside for the following reasons:

  • Section 2(1) violates personal freedom by effectively banning smoking across South Africa, with a very limited number of places remaining where smoking can legally take place. The provision empowering the Minister to designate any area in the country as a non-smoking area is furthermore unacceptable because it falls foul of the section 1(c) commitment to the Rule of Law found in the Constitution. This power is too broad and untethered.
  • Section 2(1)(e) which prohibits smoking in private homes if there is commercial childcare activity, domestic employment, or schooling that takes place in those homes, is furthermore rife with ambiguity and will yield devastating unintended consequences. It is unclear whether smoking is prohibited if there is childcare activity, domestic employment, or schooling at all, or whether it is simply prohibited in the presence of those children or domestic employees. If it is banned outright (regardless of whether the children or domestic employees are actually present), then it is highly likely that smokers will prefer to be able to smoke, rather than continuing their commercial childcare activity, domestic employment, or schooling, which will be disastrous for employment, education outcomes, and economic growth.
  • Section 3(5)(a) bans displaying relevant products (tobacco and electronic delivery systems) and forces consumers to request the product, which will presumably have to be retrieved from a backroom. This provision has two problematic components: it violates the dignity of consumers by relegating their preferred products to the shadowy corners of the market rather than out in the open; and this provision will be impossible to comply with by small and micro-businesses like spaza and street-side shops, which do not have the infrastructure for backrooms or storage facilities. While this provision will likely be ignored, where enforcement occurs, it stands to have devastating consequences for the informal economy.
  • Section 3(6) effectively bans automated vending machines that dispense relevant products. No reasoning is provided for this apparently arbitrary infringement on the right to choose one’s trade and profession, as contained in section 22 of the Constitution.
  • The plain packaging provisions in section 4 are condescending toward consumers and will have more disastrous unintended consequences. By prohibiting manufacturers from advertising their brands and the fact that some brands are less harmful than others, those manufacturers will stop competing with one another on the basis of health and safety. Their focus will shift to cutting manufacturing costs as far as possible so as to compete on price, rather than providing a better product than their indistinguishable competitors.

To read more click for more on the  JOINT submission on Tobacco Bill

Now government plans to ban smoking in your own home if you employ a domestic … fire up or fire her?

NOW GOVERNMENT PLANS TO BAN SMOKING IN YOUR OWN HOME IF YOU EMPLOY A DOMESTIC … FIRE UP OR FIRE HER?

20 JULY 2018

SpeakersFrancois van der Merwe*, Chairman, Tobacco Institute of Southern Africa (TISA)
                    & Leon Louw, Executive Director, Free Market Foundation (FMF) TISA is concerned that the draft controls will damage a major industry that contributes jobs and wealth into the economy. This heavy handed legislation has unintended consequences and should be reconsidered not least because of the link between illicit trade and extreme regulatory proposals. 

Francois van der Merwe will cover:

·         The significant contribution of the tobacco sector in South Africa
·         Main problem areas in the draft Bill
·         TISA’s key concerns and proposals
·          Latest statistics on the illicit tobacco trade in South Africa

Leon Louw will address: Fake Tobacco Control = Real People Control / Remove the right to smoke = suppression of free will / Is your “bad habit” next?

·         Tobacco is inert and cannot be controlled. All control is people control.
·         Bill treats human beings as state-owned biological organisms devoid of minds and souls.
·          Erosion of consumer protection is parading as business regulation.
·         The phony impact assessment conceals inconvenient truths about the erosion of consumer rights.

TUESDAY, 17 July 201811h00 – 11h30 Registration (sandwiches, tea & coffee will be available)
11h30 – 13h30 Presentation & discussion

Venue
Free Market Foundation, Block 5 Bryanston Gate, 170 Curzon Road, Bryanston
(opposite Sandton Medi-Clinic)

Entrance free

RSVP by clicking on  http://www.freemarketfoundation.com/View-Event?i=187 – NB please register each attendee separately
Guests welcome
(If you have already responded or cannot join us, no need to RSVP)
You will be able to watch this event LIVE via the FMF’s Facebook page by clicking this link: https://www.facebook.com/FMFSA/

Background
Francois van der Merwe has been actively involved in the tobacco industry for more than thirty years. As a tobacco farmer he has a close understanding of farmer challenges, but also of the many issues faced by the manufacturing sector. He is currently the Chairman of the Tobacco Institute of Southern Africa (TISA), which deals with matters pertaining to farmers, processors, merchants, manufacturers, exporters and importers of tobacco products, with a mandate into the SACU region. Since 1998 he has represented South Africa at the International Tobacco Growers Association (ITGA) as a member, Chairman of the Africa region and also as the global President for four years (2012 – 2016).

ENQUIRIES  
Media enquiries
For more information and to arrange for photographs and interviews, contact:
Jayne Boccaleone
082 904 3616
jboccaleone@gmail.com

Other enquiries
Joan Evans
011 884 0270
joanevans@fmfsa.org

ABOUT the FMF  
The FMF is an independent, non-profit, public benefit organisation, created in 1975 by pro-free market business and civil society national bodies to work for a non-racial, free and prosperous South Africa. As a policy organisation it promotes sound economic policies and the principles of good law. As a think tank it seeks and puts forward solutions to some of the country’s most pressing problems: unemployment, poverty, growth, education, health care, electricity supply, and more. The FMF was instrumental in the post-apartheid negotiations and directly influenced the Constitutional Commission to include the property rights clause: a critical cornerstone of economic freedom.

The FMF has a wealth of information in papers, articles and opinion pieces available on the website which can influence the public debate and present alternative policies to the people of South Africa. Please look at our website www.freemarketfoundation.com. Also see Facebook and Twitter.

SUPPORT the FMF  
You can sign up as an individual or corporate member or make a donation online through our website.

The FMF relies on financial support from corporate and individual members and donors. All individuals and companies can donate and deduct a maximum of 10% of their taxable incomes to Section 18A approved public benefit organisations. The minimum annual payment we require is R250. All payments of R250 or more will be treated as a donation for which you will receive a Section 18A certificate for SARS.  (The FMF is a Section 18A approved Public Benefit Organisation / PBO Exemption No 930 017 343).

You can sign up as an individual or corporate member or make a donation online through our website http://www.freemarketfoundation.com/Donate  or email your contact details to accounts@fmfsa.org

CONTACT US
 
TEL +27 11 884 0270 | FAX +27 11 884 5672 | EMAIL fmf@mweb.co.za
  PO Box 4056, CRAMERVIEW 2060
  Bryanston Gate, Block 5, Ground Floor, 170 Curzon Road, BRYANSTON

INVITATION TO TOBACCO BRIEFING

INVITATION TO TOBACCO BRIEFING

09 JULY 2018

 

Date : Tuesday, July 17

Time: 1330 for 1400-1530 (sandwiches at 1330)

Place: FMF (see address and map attached)

RSVP: By responding to this email

Speakers: Leon Louw (FMF) & Francois van der Merwe (Tobacco Institute)

The Tobacco Bill deals with public place smoking, point of sale display, vending machines, plain packaging, vaping, and more

It even goes so far as to ban smoking in homes where a domestic is employed

This law is bad for consumers, bad for small business, bad for the economy, bad for jobs, bad for democracy

Submissions on the bill are due by August 9

More information to follow shortly, but please reserve your seat by RSVPing now

Click here for the MAP bryanston gate front door
Click here for the Tobacco Bill summary
Click here for the Tobacco Bill SEIA summary

FW: TISA Notice on the Draft Tobacco Bill addressed to Hospitality Establishment Owners or Managers

TISA NOTICE ON THE DRAFT TOBACCO BILL ADDRESS TO HOSPITALITY ESTABLISHMENT OWNERS OR MANAGERS

27 JUNE 2018

 

Dear hospitality establishment owner,

The Department of Health published for comment a new tobacco bill in the Government Gazette on 9 May 2018.
(Draft Bill available at: http://www.tobaccosa.co.za/legislation/sa-tobacco-control-legislation/proposed/).
The Bill contains a number of extreme proposals which concern you as a hospitality establishment owner. Please take a moment to read through the proposals below:

A COMPLETE BAN ON SMOKING AND A BAN ON THE SALE OF TOBACCO PRODUCTS AT ANY HOSPITALITY, SPORTING, ENTERTAINMENT, MUSIC, DANCE, OR SOCIAL VENUES, OR EVENTS

No person may smoke in-

  • an enclosed public place or enclosed workplace, or in or on a public conveyance;
  • any enclosed space that is not a public place or workplace and that is within a prescribed distance from an operable window of, ventilation inlet of, or entrance and exit out of a place where smoking is prohibited;
  • enclosed common areas of a multi-units residence;
  • a private dwelling, if that private dwelling is used for any commercial childcare activity, domestic employment or for schooling or tutoring.

Click here to read more – TISA HORECA Hospitality Notice