Bill to Regulate Vaping

Statement by Michele Clarke MP – DA Spokesperson on Health:

This week Parliament’s Committee on Health voted as “desirable” the intention behind the Tobacco Products and Electronic Delivery Systems Control Bill – a law that will regulate vaping in South Africa, and the DA supported this vote on desirability.

The desirability is an example of the DA in the GNU, negotiating and finding consensus with the ANC, to make South Africa healthier.

While the DA has significant concerns about some of the current version of the Bill, we support its core objective: reducing tobacco use and nicotine dependency, protecting children, and bringing vaping products into a regulatory framework.

The growth of vaping, particularly among young people, cannot continue in a regulatory vacuum.

The DA has consistently argued that effective public health legislation must be evidence-based, balanced, and practical. For this reason, the DA had previously opposed moving forward with the Bill until our key concerns were properly addressed – and following extensive negotiation, meaningful progress has now been made.

Importantly, the DA has reached consensus with the ANC on fundamental issues with the Bill, which will be taken forward in the committee:

• that the law must appropriately respond to the type of harm of the nicotine product,
• that the Bill should not further perpetuate the illicit trade,
• to ensure that personal freedoms are balanced with the legitimate need for harm reduction,
• to reduce the economic impact on the economy of this law, while protecting small and informal businesses,
• to provide balanced penalties for breaking the law, and
• to provide for checks on Ministerial powers to regulate the industry.

These areas of consensus reflect many of the concerns raised by stakeholders and members of the public during the consultation process. The DA has negotiated, and as a party in the GNU, has found agreements from the ANC.

This demonstrates that constructive engagement within the Government of National Unity delivers better legislation.

The DA is committed to protecting public health, particularly the health of children and vulnerable communities. A lack of regulations for vaping, has undermined this to-date.

The committee’s decision to support the purpose of the Bill as “desirable” is the beginning of the important work that now begins to ensure that the final legislation strikes the correct balance between public health objectives, individual freedoms, economic realities, and effective regulation.

The DA will continue engaging constructively to achieve that outcome.