Hon House Chairperson, Deputy Minister, chairperson of the select committee and hon members present, one is indeed honoured to address you in this august House on an issue that brings together consensus of national, provincial and local spheres of government, namely the health and wellbeing of our people.
Our gathering here also reflects the role and importance of this institution, the diversity of a nation as well as its critical role in shaping social cohesion and helping us to make decisions that are in the best interests of all.
This piece of legislation before us reflects what is best in a democracy. Firstly, every citizen has the right to free expression and choice; secondly, the interest of an individual, be that a real person or an entity, must be considered against that of the collective; and thirdly, the rights of the vulnerable, be they minors, youth, the aged, or even the unborn, should be protected. In weighing up conflicting interests, as we have to do in this piece of legislation, we should take all the above into account and still engage in public debates and consultations. Thus we have seen the culmination of this piece of legislation as a process that started as early as 1999, with the objective of regulating an industry that is intrinsically harmful to the health and wellbeing of the people.
I must admit that I have recently been deployed to this portfolio. I even had to start reflecting on my own health practices. [Interjections.] [Laughter.]
The Tobacco Products Control Amendment Bill reflects both the robustness of the process of consultation that has been undertaken in order for it to be tabled here today, and the overwhelming consensus that the health and wellbeing of our people take precedence over all else, and that this House and our legislative system at large must uphold and act in the best interests of our people.
I have been told that in South Africa over 42 000 people die every year from smoking-related diseases, including many forms of cancer. I was also informed that tobacco is also the biggest preventable cause of death in the world. According to the World Health Organisation, WHO, globally most people start smoking before the age of 18. Almost a quarter of these individuals begin using tobacco before the age of 10. Therefore, when the younger children try to smoke for the first time, they are most likely to become regular tobacco users and to be killed by it.
In the Western Cape we did a study where we found that close to 50% of pregnant women are drinking and smoking. Obviously, that could lead to the fetal alcohol syndrome that in its implications has an impact on children, even before they are born. That brings with it social defects and a range of other matters. Therefore we have to deal with this in a very direct way.
In the current environment in which many other forms of substance abuse has spread in our schools and communities, one wonders how many people used cigarette smoking as an entry point for the abuse of other recreational drugs such as dagga, heroin and tik. I believe that this amendment is a step in the right direction and demonstrates our government's commitment to protect our people from the harmful effects of tobacco, be that directly from smoking or passively inhaling.
The Bill in front of us is geared at improving the operation of the Tobacco Products Control Act and also seeks to deal with new practices, which we have seen coming through the last couple of years, designed to circumvent the provision of our legislation. Most of the submissions received in the Western Cape supported the amending Bill. Some have proposed stringent measures in enforcing and monitoring the policy on smoking in public institutions, places or even private homes.
However, two international companies have made submissions and have opposed the draft Bill, but I have to say that what they have tried to do is to advance corporate interests above public health. I just want to give two examples of that.
With respect to clauses 3,(9)(a)(b) and (10), we received a proposal from the Tobacco Institute of South Africa that there should be an exclusion clause in so far as signage and notices on the point of sale of the amendment Bill is concerned. However, our position is that the object of the amending Bill is to enforce compliance and ensure exemption as far as tobacco manufacturers, retailers, distributors and sellers are concerned to contain the prescribed information regarding any tobacco product available at the place of business.
Another example is in clause 3(2) where Japan Tobacco International said to us that organised activity in the legislation goes against the business culture because it prohibits the tobacco manufacturer, distributor or retailer from organising, promoting or making a financial contribution in respect of an activity related to tobacco.
Our position is that every manufacturer and importer of a tobacco product should provide information about the product to the relevant Ministry and the public as may be prescribed, in the prescribed manner and within the prescribed time.
Therefore, according to the type of submissions we received from the 20 national institutions, we felt that those supporting the changes were still trying to slip in very subtly subjective interests. Therefore, we will be monitoring the way in which the implementation of this piece of legislation will be happening - if it is going to be passed.
Having said that, the amending Bill was supported by the majority of individuals and institutions that made representations in this province. We, therefore, on behalf of the provincial government and the Department of Health in the province in particular, have no hesitation to declare our support for the Tobacco Products Amendment Bill, 2008. I thank you. [Applause.]