House Chairperson, hon Minister, hon members and invited guests, it gives me great pleasure to speak on the Tobacco Products Control Amendment Bill.
The aim of the Tobacco Products Control Amendment Bill, Bill 24 of 2006, is to amend the Tobacco Products Control Amendment Act of 1999, hereafter referred to as the principal Act. The Bill seeks to bring the principal Act in line with the World Health Organisation's Framework Conventions on Tobacco Control. South Africa is one of 147 countries that have ratified the WHO Framework, and therefore has to adhere to its legal obligations in terms of the framework. The Bill also seeks to address shortcomings in the current legislation, which is exploited by the tobacco industry, making prosecutions for contravening of the Act very difficult.
The following situations with regard to tobacco use necessitate the promulgation of legislation that can effectively address some of the shortcomings of the current legislation. Tobacco is the leading preventable cause of death globally.
Tobacco results in the death of 4,9 million people annually, and this figure is expected to increase to 10 million by the year 2030. Projections indicate that about 70% of future tobacco-related deaths will occur in developing countries, including South Africa.
Evidence suggests that tobacco companies are targeting developing countries as new and emerging markets. Tobacco slows economic development because it places a huge strain on the economy and reduces productivity. Millions of days are lost to industry because workers are ill owing to tobacco use. In South Africa, about 60% of all admissions to Groote Schuur Hospital are from tobacco-related illnesses. In South Africa, on average, a person dies of tobacco-related illnesses every 20 minutes.
The Tobacco Products Control Amendment Bill is a section 75 Bill that seeks to further regulate smoking in public places through restricting or prohibiting smoking in certain outdoor places or public places, establishes manufacturing and export standards for tobacco products, and increases fines for contravening the Act. The Bill contains the transitional arrangements necessary for its application. It also proposes amendments to the preamble, including inserting the words "World Health Organisation Framework Convention on Tobacco Control".
Clause 2 of the Bill provides for control over the use of tobacco products, which includes prohibiting smoking near air inlets, windows - hon Sulliman - doorways and entrances to public places ... [Laughter.] ... protecting children through not allowing minors into public areas set aside for smoking; prohibiting smoking in private homes used commercially for childcare or educational purposes, and not allowing any children under the age of 12 to be passengers in a motor vehicle where smoking takes place.
It seeks to protect employees through the provisions in subclause 5 that they may object to being exposed to smoking in the workplace, without fear of retaliation of any kind; that they are not exposed to tobacco smoke in the workplace should they so wish; prohibiting the use of a condition of employment for employees to work in areas of the workplace where smoking is permitted, and granting employees the right not to sign any indemnity for working in areas of the workplace where smoking is permitted.
It empowers the Minister of Health with the right to prohibit smoking in certain outdoor areas or a portion thereof, where people may be in close proximity to each other or where it may pose a fire hazard or any other risk.
The Bill has been criticised for not specifically addressing the situation with regard to domestic workers who work in a private dwelling, and their right to a clean and safe environment. However, it can be argued that the provision in clause 5 gives adequate protection to domestic workers, as with any other types of worker.
Clause 3 of the Bill seeks to provide standards for the manufacturing and export of tobacco products. It seeks to prohibit the export of tobacco to countries outside South Africa unless it complies with the product and testing standards of the destination country. Furthermore, it provides that if no such standards exist in the destination country, the provisions of clause 3 will apply.
Clause 4 of the Bill was drafted in recognition of the fact that over 4 000 chemicals are found in tobacco smoke. Manufacturers add up to 600 chemicals to tobacco. These chemicals are added for a number of reasons, including the need to increase nicotine delivery to smokers, and reduce the harsh taste of tobacco, therefore making cigarettes more appealing to the youth.
Clause 4 of the Bill therefore seeks to reduce the harmful chemicals used in tobacco products and requires that manufacturers produce the least harmful product possible. The Bill requires the disclosure of additives and ingredients used in making tobacco products. It also makes provision for setting standards to reduce the fire risk from discarded cigarettes through the use of self-extinguishing or lower ignition propensity cigarettes.
The Bill seeks to allow the Minister of Health to issue regulations regarding composition - what is inside the tobacco product, emission - what is produced when the product is used, and methods to test tobacco products. In this way, the Bill seeks to control the use of chemicals that are harmful, increase the addictive properties in tobacco and increase the appeal of cigarettes.
The Department of Health has health awareness programmes within the Tobacco Control Programme that focus on primary prevention of tobacco use for all age groups, particularly amongst the younger generation, in different environments, as the Minister said, in schools and so on. At school, as a public place, even the educators must smoke outside the school premises.
Persons under the age of 12 years are more vulnerable to the effects of smoking. The age limit for persons permitted to smoke in permissible smoking areas is 18 years, whereas the sale of tobacco products is prohibited to children under the age of 16 years.
Regarding offences and penalties, it has been argued that the penalties contained in the current legislation have not had the desired effect, and the Bill therefore seeks to introduce a more meaningful series of penalties. The Bill seeks to increase the fines for contravening the Act through introducing a maximum penalty of R500 for an individual smoking in a nonsmoking area. It increases the penalty from R200 to a maximum of R50 000 for employers and those in control of public places that do not comply with the legislation. It increases the penalty from R200 000 to a maximum of R1 million for a person who engages in tobacco-related advertising, promotion and sponsorships, provides free or discounted tobacco, and those that do not comply with the standards for manufacturing and exporting in terms of the proposed Act, and increasing the penalty from R10 000 to a maximum of R100 000 for employers who fail to protect workers' rights not to be exposed to tobacco smoke.
In conclusion, the committee would like to congratulate the Minister of Health and the department for supporting the campaign on no smoking in public places. The United Kingdom, as a developed country, has only banned public smoking from 1 July this year. We congratulate South Africa for leading globally.
After the committee's study tour on tobacco to Sweden and the UK in July this year, one of our committee members quit smoking. We congratulate the hon member. Keep it up for your good health's sake. [Interjections.] However, some members still say that there is no need to take good and healthy lungs to the grave.
Lastly, I would like to thank the Minister of Health and senior management for their ongoing support, and also hon members of the select committee for their dedication and commitment in our committee, even if you lost the opportunity of attending the People's Assembly in Mbizana so that we could finalise these three pieces of legislation today. Ke a leboga. [Thank you.] [Applause.]