04 September 2011

Smoking and the Law in South Africa

The Constitution of the Republic of South Africa (Act 108/1996, Section 24) states:

Everyone has the right -

(a) to an environment that is not harmful to their health or well-being; and

(b) to have the environment protected, for the benefit of present and future generations,

In September 1963, the following recommendations for restrictive legislation of tobacco were published in the South African Medical Journal:
The educational campaign should be the main weapon in the fight against cigarette smoking, but some restrictive legislation will also be necessary.

There should be no hesitation about banning smoking in public buildings and on public transport. Here the discomfort and disease of the non-smoker must be considered before the convenience of the smoker. The law about providing cigarettes to children should be more strictly enforced and automatic cigarette- vending machines should be banned.

Cigarette advertising should at first be restricted in quantity and content with a view to its eventual complete limitation. It might also be advisable to insist that each cigarette packet should carry a notice to the effect that the contents are potentially dangerous to health. 

The Minister of health may also attempt further restriction of smoking by increasing the taxation of cigarettes. The matter is important and urgent

www.againstsmoking.org

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