Heated Parliamentary Debate on Smoking and Vaping Bill Raises Questions of Adequate NEDLAC Involvement

Cape Town's Parliament health committee witnessed fierce discussions on Wednesday regarding the contested Tobacco Products and Electronic Delivery Systems Control Bill, which aims at overhauling tobacco advertising rules and introducing regulations on vaping devices. This bill, having been on the table for nearly two years, sparked contention primarily due to the disagreement with the National Economic Development and Labour Council (NEDLAC), which feels left out of the consultation process.

Behind the debate is a clash over how extensively NEDLAC, the body representing economic development and labour, was engaged before the proposed legislation was brought to Parliament. NEDLAC claims it lacked appropriate pre-legislative consultation, a view not shared by all political parties or the Department of Health. The department maintains that it held two consultations with NEDLAC before the introduction of the bill in 2021 and 2022 but says NEDLAC did not come forward with specific objections to the bill's clauses.

Health Department says it's not trying to ban smoking or vaping with revised tobacco billhttps://t.co/P1kEOiQ4Cy

— Eyewitness News (@ewnupdates) October 24, 2024

During the debate, divisions among political party representatives became evident. The ANC's Sheilla Xego emphasized the urgency of moving forward with the bill, citing the increasing allure of vaping products to the youth as a pressing concern. Conversely, ActionSA's Kgosi Letlape perceived the issue with NEDLAC as an internal matter for the department to resolve. The ATM's Vuyo Zungula argued for the significance of hearing NEDLAC out, suggesting that its role isn't akin to just any stakeholder.

Amid these divergent views, the Freedom Front Plus' Philip van Staden highlighted the tobacco industry's capability to legally challenge legislation and advised careful consideration of the bill's implications.

Deputy Health Minister Joe Phaahla contributed to the discussion by underlining the openness of policy engagement but stopped short of dictating whether the committee should extend an audience to NEDLAC. Committee chairperson Sibongiseni Dhlomo revealed plans to seek advice from House Chairperson Cedrick Frolick on the matter.

As discussions continue, public hearings are set to proceed, with the two remaining provinces, Kwazulu-Natal and the Northern Cape, awaiting consultation. With South Africa's youth in focus and the vaping industry's rise, the Parliament stands at a critical juncture in establishing a regulatory framework that balances public health concerns with economic and legal considerations.