South Africa
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It may soon be illegal to smoke AT HOME – under these conditions

Why does it feel like the lockdowns of 2020 again? Tobacco enthusiasts could be dealt another significant blow in the next few weeks, as the Department of Health seeks to table a controversial bill that could outlaw the right to ‘smoke at home‘ – under specific circumstances.

Proposed SA laws would ‘be a nightmare’ for smokers

The Bill, first published in 2018, will finally be submitted to the National Assembly for approval later this month. All sorts of regulations feature on the document, introducing much stricter rules when it comes smoking in ALL public spaces.

If approved, the Control of Tobacco Products and Electronic Delivery Systems Bill would ban all forms of tobacco consumption inside public communal areas, and more ‘graphic images’ will be printed on cigarette parks to deter smokers from taking another drag.

Smoke at home
The new proposals would ban certain homeowners from enjoying a smoke at home – Photo: Unsplash

Smoke at home? Not under these circumstances…

However, it’s not just shared spaces that are at the mercy of these oven-ready proposals:

  • Private dwellings, in some scenarios, will also be required to act as ‘smoke-free spaces’.
  • If your home is used for teaching and tutoring purposes, you’d be forbidden from smoking there.
  • Those who employ domestic helpers would, legally speaking, be required to stop smoking inside the home.
  • For anyone whose house is used for commercial childcare, the right to smoke at home would also be restricted.
  • There’s more: The Bill also makes it a criminal offence to spark-up in any vehicle where a child is present.
  • You can see the official wording from the Department of Health here:

“No person may smoke in a private dwelling, if said dwelling is used for teaching, domestic employment, tutoring, or commercial childcare. The law also applies to [a ban on smoking] in any motor vehicle when a child under the age of 18 years is present.” | Department of Health

New bill would criminalise ‘having a smoke at home’ – in some cases

What will prove to be even more concerning for those wanting to smoke at home, is that contravening this act would constitute an imprisonable offence: Should this bill become law, offenders could find themselves behind bars for a total of 90 days

“Any person who contravenes or fails to comply with certain sections of the Control of Tobacco Products and Electronic Delivery Systems Bill is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding three months” | Department of Health