Big changes for smokers in South Africa on the cards

The proposed Tobacco Control Bill fails to address South Africa’s entrenched illicit tobacco trade and will potentially strengthen criminal networks, undermine legal supply chains, and risk billions in lost tax revenue.

This is feedback from Business Against Crime South Africa (BACSA), which expressed concern about the Tobacco Products and Electronic Delivery Systems Control Bill (the Bill).

The Bill was introduced in Parliament by the National Department of Health in May 2023 and published for public comment. In mid‐2023, public hearings began and were conducted in most provinces.

The Bill aims to comprehensively regulate tobacco products and electronic delivery systems, including e-cigarettes.

It seeks to prohibit smoking in various public and private spaces, ban all forms of advertising, promotion, and sponsorship, and mandate standardised, plain packaging with prominent health warnings.

It also introduces restrictions on sales, particularly concerning children and certain venues, and establishes a Monitoring Committee to oversee the implementation and enforcement of these new controls.

Under the Bill, the sale of tobacco products and electronic delivery systems through vending machines would be prohibited.

The overarching objective is to reduce tobacco use and nicotine dependence, aligning with international health conventions.

However, BACSA warned that the Bill’s failure to address South Africa’s entrenched illicit tobacco crisis may inadvertently strengthen criminal networks and compromise the integrity of legitimate supply chains.

“Illicit goods, particularly illicit tobacco products, are no longer operating at the margins – they are embedded in the South African economy,” said Graham Wright, Chief Executive Officer of BACSA.

“The real danger now is that these networks could begin to target the formal supply chains, undermining the fight against organised crime and exponentially increasing their ability to generate illicit profits.”

The illicit tobacco market is currently estimated to comprise 60–70% of all tobacco sales, costing the fiscus approximately R18 billion annually and removing these taxes from the national budget.

Despite this, the draft bill includes no specific enforcement mechanisms targeting illicit trade, nor does it propose tools such as track‐and‐trace systems or enhanced border controls.

Grave concerns

While BACSA said it supports strong public health measures, it has raised grave concerns about the Bill’s provisions.

These include plain packaging, concealed point‐of‐sale, and complex licensing requirements, which it believes will overburden legal stakeholders and create new openings for illicit suppliers to expand their influence.

“Criminal networks adapt faster than legislation,” Wright added. “Without a clear, targeted strategy to dismantle the illicit tobacco trade, these measures may ironically accelerate the very problem they seek to contain.”

“We should not tie businesses’ hands behind their backs and give the criminals an unfair advantage over legitimate businesses, which continue to comply with the law and pay taxes to the national fiscus.”

BACSA stressed the importance of practical, enforcement-ready solutions to strengthen this legislation.

The association encouraged Parliament to enhance the bill with a multi‐stakeholder, evidence‐based framework that concurrently promotes public health and fortifies defences against criminal infiltration. This could include:

• Mandatory excise control stamps and real‐time product verification
• A workable track‐and‐trace system to monitor distribution channels
• Simplified licensing solutions tailored to informal spaza shops
• Increased border enforcement and supply‐chain audits
• Collaborative platforms for farmers, retailers, and law enforcement

As of mid‐2025, remaining public hearings, notably in KwaZulu‐Natal, are still pending, delaying the legislative progression.

BACSA urged the Parliamentary Portfolio Committee on Health to expedite provincial hearings, incorporate illicit‐trade provisions, and return with an enhanced, pragmatic bill for final voting.

It said that failure to do so risks creating a regulatory vacuum that criminal networks will exploit, which is dangerous for public safety and economic integrity.