Tawanda Karombo

The business sector in South Africa has given a cautious approval to the National Economic Development and Labour Council (Nedlac) report concerning the Tobacco Bill consultations.

Business Unity South Africa (Busa) has raised concerns over the involvement of international anti-tobacco NGOs such as the Campaign for Tobacco-Free Kids (CTFK) during negotiations with the government.

It argued that inclusion of such NGOs in the government delegation “undermines the integrity of Nedlac’s structure and raises questions about the independence of South Africa’s policy-making” process.

Moreover, the business sector has also expressed reservations over the final Nedlac report it said included “new information introduced unilaterally” by the government.

It cited information covering key policy areas such as enforcement effectiveness, harm reduction, and the impact on employment in the tobacco sector.

“These additions, which were not discussed during formal deliberations, create an inaccurate portrayal of the engagement process,” said Busa on Wednesday.

Disagreements between government, social and business partners have dogged the framework for the Tobacco Bill negotiations under Nedlac.

Business argues that the government remained adamant on critical aspects of the tobacco legislation. At one time, business lodged a complaint against modification of some sections on policy issues.

A key point of contention is “government’s refusal to acknowledge harm reduction and product differentiation” contradicting the earlier agreed stance that all tobacco products be deemed equally harmful.

According to Busa’s draft final Nedlac report, the Tobacco Products and Electronic Delivery Systems Control Bill aims to regulate smoking, the sale and advertising of tobacco products and electronic delivery systems and the packaging and appearance of tobacco products.

It also seeks to control electronic delivery systems of tobacco products and to make provision for packaging standardisation.

“It further seeks to provide for standards in respect of the manufacturing and export of tobacco products and electronic delivery systems, prohibit the sale of tobacco products and electronic delivery systems to children; prohibit the free distribution of tobacco products and electronic delivery systems; and prohibit the sale of tobacco products and electronic delivery systems by means of vending machines,” notes the draft report.

Dialogue sessions were convened under Nedlac in December last year seeking to enable social partners to share information and their perspectives on matters contained in the Bill.

Subsequently, a scientific briefing was convened on 13 January 2025, which provided an opportunity for academics and scientific experts to share research on the health impacts of tobacco and nicotine products.

Experts said the uptake of smoke-free nicotine products was improving across Africa although regional policy positions in some countries such as South Africa were holding back speedy impacts in harm reduction associated with tobacco products.

Companies such as British American Tobacco, Philip Morris International and others are moving away from combustible cigarettes and rolling out smoke free nicotine products in markets such as South Africa. This comes as there are global efforts to reduce deaths related to tobacco use.

While it has become “extremely challenging to stop tobacco use,” the “use of newer products to encourage users to move away from combustion tobacco” was gaining traction across the African continent, noted Mercy Korir, a Kenyan medical expert.

She explained that African governments have to “move on with the times”at a time “harm reduction measures remain controversial and contested in many countries in Africa,” according to Martin Agwogie, executive director for the Global Initiative on Substance Abuse.

“There is slow adoption of harm reduction policies in Africa.”

BUSINESS REPORT