1. DEPARTMENT OF HEALTH TOBACCO PRODUCTS CONTROL AMENDMENT BILL 2008 (B7-2008) FEEDBACK TO PORTFOLIO COMMITTEE 13 MAY 2008

2. INTRODUCTION. Department of health has considered all the points that were raised by various stake holders during the public hearing. The department then dealt with all the points that were raised especially those that came form the Tobacco Industry. The following presentation shows the department’s response.

3. SPECIFIC AREAS OF CONCERN EXPRESSED DURING THE PUBLIC HEARING Tobacco Industry raised their concerns mainly around the following:  Consultation  Definition of Advertisement  Package  Organized activity  Sponsorship and Donations.  Over regulation by the Minister

4. Roles DOH Goal: Protection and promotion public health. Reduction of smoking prevalence. Tobacco Industry: Profit making. SARS: Revenue collection – tax Regulation of the legality of the industry.

5. CONSULTATION PROCESS  There is no legal obligation in any law or Constitution for the Department to publish or consult on proposed legislation.  Parliament (Assembly and NCOP) is obliged to facilitate public involvement in terms of Sections 59 and 72 of the Constitution.  The Department went beyond its legislative obligations and consulted the stakeholders as well as published the draft Bill. The Department held several meetings with the tobacco industry, as part of consultation process.

6. CONSULTATION PROCESS The outcomes of the consultation process between the department and TISA and other stake holders was evidenced by among others changes to the following: Change in the age limit from 16 to 18 years. The display of the tobacco products at the point of sale. Duty free issues.

7. CONSULTATION PROCESS The consultation can also be backed up by: Proof of acknowledgment of various letters by Mr. Van Der Merwe on behalf of TISA. Various meetings that were held between the Department and Tobacco Industry (the following slides show the different dates of such interactions).

8. DateOrganizationIssues discussed 29 October 2003 Tobacco Institute of South Africa Age Point of sale Duty free sales 2004 British American Tobacco South Africa Swedish Match Vending Machine Ass. Duty Free Association Tobacco Bill. 2006NGO’s Tobacco industry Butts out of South Africa. Tobacco Bill

9. DateOrganizationIssues discussed 12 Apr 2007British American Tobacco South Africa Tobacco Bill 8 June 2007 2 Aug 2007 9 Oct 2007 April 2008 Tobacco Institute of South Africa Phillip Morris Tobacco Bill

10. REASONS THAT LED TO OTHER MEETINGS NOT TAKING PLACE The meeting that were supposed to deal with tobacco issues after the parliamentary process were regarded as not being necessary as the matter was already outside the jurisdiction of the department. The Department cannot change a Bill when it is already approved by cabinet and introduced to Parliament.

11. LEGISLATION AS OPPOSED TO REGULATION  The Minister’s powers to regulate are limited in terms of the enabling provisions of the Act.  Development of technology and the stance of industry requires rapid changes to legislation which can best be dealt with by regulation.  All changes to legislation (an Act) must be done by Parliament and as we know, could be a lengthy process.

12. LEGISLATION AS OPPOSED TO REGULATION  Minister cannot go beyond the powers given in the enabling legislation.  Regulations that are not acceptable to the industry can always be challenged in a Court of Law to determine their validity and whether they are in line with the enabling legislation.

13. GENERAL ISSUES The state law advisors were advised to consider other issues raised by the stakeholders.

14. END AND THANKS