South Africa’s Department of Health has proposed adjustments to its long-running tobacco control legislation following extensive public consultations, including changes that could differentiate between combustible and non-combustible nicotine products.
The proposed Tobacco Products and Electronic Delivery Systems Control Bill has been under discussion for several years and aims to tighten restrictions on tobacco use while introducing clearer regulations for emerging nicotine products such as electronic cigarettes.
Public consultations on the legislation concluded at the end of 2025, during which industry representatives, health organisations and members of the public submitted feedback on various aspects of the proposed law.
Among the issues raised were concerns about the introduction of plain packaging for tobacco products, the growth of illicit cigarette markets and questions about whether the government has sufficient enforcement capacity to implement the new rules.
In response, the Department of Health indicated that it is willing to revise certain definitions in the bill to better distinguish between products that involve combustion and those that do not.
Officials say this distinction could assist policymakers in determining which products should be subject to the strictest restrictions and whether some non-combustible items might qualify for limited exemptions.
Government maintains focus on public health despite industry concerns
The bill forms part of a broader effort to reduce smoking rates in South Africa and address public health concerns associated with nicotine use.
Proposals that have received relatively broad support include banning smoking in indoor public spaces, restricting smoking in certain outdoor areas and prohibiting the sale of tobacco products to minors.
However, other measures have proven more controversial. These include a ban on tobacco advertising, promotion and sponsorship, as well as the introduction of standardised plain packaging for cigarette brands.
Addressing the Parliamentary Portfolio Committee on Health, Health Minister Aaron Motsoaledi said the government’s primary objective is to protect public health rather than prohibit tobacco products entirely.
According to the minister, the legislation is intended to reduce easy access to nicotine products, limit marketing practices and decrease the number of tobacco-related illnesses affecting South Africans.
The Department of Health also rejected arguments from parts of the tobacco and vaping industry that newer nicotine delivery systems such as electronic cigarettes should be viewed as harm-reduction tools.
Officials said the claim that smokers are unable or unwilling to quit is not supported by available evidence, adding that medically approved smoking-cessation treatments already exist and are considered safe and cost-effective.
While the department remains firm on several aspects of the legislation, it has indicated flexibility in some areas.
For example, non-combustible products such as traditional snuff, nicotine patches and e-cigarettes could be exempt from certain packaging and labelling requirements, provided manufacturers do not make misleading health claims.
Authorities also clarified that traditional uses of snuff will not be banned.
Another proposed change involves expanding the range of officials authorised to enforce the new regulations. Metro police, provincial and national police officers, traffic officials and border management authorities could all be empowered to help combat illicit tobacco trade.
Despite criticism from industry groups that plain packaging could increase counterfeiting, the Department of Health said the policy would not remove existing anti-counterfeit protections such as tax stamps, track-and-trace systems and security markings.
The department also addressed concerns about potential penalties under the proposed law. While violations could carry fines or prison sentences of up to ten years, officials noted that this represents the maximum penalty, with courts retaining discretion to impose lighter sentences depending on circumstances.
The tobacco control bill is expected to continue moving through the legislative process as policymakers consider further adjustments.
