The 11th World Conference on Tobacco OR Health currently underway in Chicago has honoured the South African health ministry for its leadership in tobacco control.

The American Cancer Society presented the Luther L Terry Award for “Outstanding Leadership by a Government Ministry” to the Minister of Health Dr Manto Tshabalala-Msimang at a ceremony at the conference last night (Thursday 10 Aug). The award is named after the 1964 American Surgeon General’s report, which connected tobacco to lung cancer and other illnesses.  

Receiving the award the Tshabalala-Msimang paid tribute to her predecessor, Dr Nkosazana Dlamini-Zuma, who piloted the tobacco control legislation through parliament in the face of “loud and persistent public criticism”.

She said this criticism was “largely fuelled by the tobacco industry, as well as other government ministers who feared repercussions on the economy, on agriculture and on the hospitality industry.”

Tshabalala-Msimang said her ministry was committed to creating a smoke-free society and, to improving the quality of life of all citizens. She said this was not possible in the face of “this corporately induced epidemic”.

In December the South African government published the Tobacco Products Control Amendment Act which limits smoking in public places, places tighter controls on the sale and advertising of tobacco products and introduces measures to phase out tobacco sponsorships.

In terms of the law, an Act can be implemented three months after it has been published in the Government Gazette, but eight months since the legislation was published nothing has yet come into effect.

The health minister’s legal advisor Patricia Lambert says that in the face of considerable pressure from pro-tobacco groups, the health department has followed a cautious approach.

“We are being very strict about procedure, we do not want to get tied up in litigation as soon as we implement this legislation,” she said. “During the past months we have held several further rounds of meetings with the tobacco and hospitality industries, tobacco farmers, various sporting codes as well as freedom of speech groupings.”

The new regulations impose tight controls on smoking in restaurants, pubs, shebeens, hotels and workplaces. Smoking areas in restaurants, pubs and shebeens will be limited to a designated area not exceeding a quarter of the total floor area of the venue. The smoking area must be separated from the rest of the public place by a solid partition and an entrance door.

Ventilation from the designated smoking area must expel the smoke without that air being re-circulated to any other area in the public space.

Proprietors will have three months from the date on which the final regulations are promulgated in which to erect partitions between smoking and non-smoking areas of their establishments.

Cigar bars are exempted from the regulations, provided they comply with the definition in the Act which states that a cigar bar must derive its primary business from the sale of cigars and not from alcohol.

Restaurants with 35 seats and less must become non-smoking restaurants, unless the owners can afford to create a separate non-smoking section. Any public place can choose to prohibit smoking entirely.

In terms of the regulations, employers must ensure that employees who do not wish to be exposed to tobacco smoke are protected. Employees may object to tobacco smoke “without retaliation of any kind”.

Contracts and sponsorships for the advertising of tobacco products will in future be prohibited. It is envisaged that by April next year there should be no further tobacco sponsorship of public events.

Agreements, which existed or were binding on April 23, 1999 (the date of the publication of the Act), may continue for two more years, provided that all advertising and promotional material displays one of the health messages approved by the Department of Health.

The final draft of the regulations is due to be published by the health department this month. – Health-e News Service.