Health Minister Manto Tshabalala-Msimang should not be given the ”sweeping” powers set out in proposed changes to the tobacco-control law, British American Tobacco (BAT) argued on Wednesday.
David Crow, managing director of BAT South Africa, was speaking on the second day of public hearings on the draft legislation by Parliament’s health portfolio committee.
”We’re concerned about the sweeping powers that have been [assigned] to the executive,” he said. ”They’re giving the minister extensive powers in lots of areas.
”There are areas that are ill-defined, and what we’d like is more definition [and] a real debate with all the stakeholders.”
He said he was hoping for ”pragmatic solutions, so we don’t get into the problems we’ve had with previous Acts that have gone through government”.
Crow said the existing law was already working extremely well, as witnessed by a reduction in smoking in South Africa, though there was room for improvement.
”Really what we’re saying is, let’s be pragmatic, let’s do it right, let’s get all the people round the table, write the legislation properly … so it can be enforced and workable.”
In a written submission to the committee, BAT said the minister already had the power to make regulations regarding ”any other matter required … to achieve the objects of the Act”.
Under the new Bill, however, she is to be given powers to make regulations on the location, content, size and format of any sign (such as a point-of-sale sign) required under the Act; on the standards with which a tobacco product should comply; on methods of testing compliance with prescribed standards; and on disclosure of companies’ marketing expenditure.
”If the Bill is enacted, material changes to the system of tobacco control could be made without any debate in Parliament,” BAT said.
Earlier, the committee heard that smoking should be banned completely in the workplace and all other public places.
An occupational hygienist at the National Institute for Occupational Health, Abednego Baker, told the committee: ”I’ve only got one recommendation: all workplaces should be made 100% smoke free.”
He said smoking areas in bars and restaurants were serviced by waiters who were often working there only part-time, and were young and financially vulnerable.
The Bill seeks to give legal protection to employees such as waiters who object to working in smoking areas.
Under the existing legislation, smoking may be allowed only in designated areas that make up only a portion of the total area of the workplace or public place.
Baker said there was ”some kind of contradiction” between the tobacco legislation and the Occupational Health and Safety Act, which stipulated that employers had to protect employees from any health hazard in the workplace. — Sapa