Tobacco Products Control Amendment Bill: reconsideration

Meeting report

JOINT MEETING ON HEALTH PORTFOLIO COMMITTEE & SOCIAL SERVICES SELECT COMMITTEE
23 February 1999
TOBACCO PRODUCTS CONTROL AMENDMENT BILL: RECONSIDERATION

Documents handed out:
ANC Amendments (see appendix)
IFP Amendments (see appendix)

SUMMARY
Although a sub-committee had been appointed to try and reach consensus on the definitions of the terms "workplace" and "organised activity" which have been deemed unconstitutional, this proved unsuccessful. Amendments were submitted by the ANC and IFP and these were distributed. The NNP amendments were not available for distribution although Dr Gous, NNP, said they had been handed in on time. The Chairperson urged members to have another attempt at reaching consensus as at the next meeting a vote on the amendments would take place.

MINUTES
In an effort to reach consensus the joint committee had appointed a small caucus representing all the parties, to meet before the meeting and consider the proposed amendments to the Bill, as required by the President. These referred particularly to the definitions of "workplace" and "organised activity".

When the full committee convened, Ms S Baloyi (ANC) reported on the sub-committee discussions. Proposed amendments were received from the ANC. The NNP and DP had also submitted amendments but these were not available for distribution to the full meeting. Nor were the NNP proposals submitted to the sub-committee although Dr Gous said they had been handed in for distribution in good time. Clerical inefficiency was blamed for this.

Mr P Grobbelaar, FF, asked why the hurry to proceed with this Bill and was told that this question had already been dealt with at previous meetings.

Dr. Rabinowitz, IFP, said that over-definition can lead to complications.

Ms Baloyi said that Dr Rabinowitz was repeating herself and she was not prepared to go over this again.

Dr S Nkomo, Chair, urged parties to meet to try again to reach consensus before the meeting the next day when voting would take place.

He reminded members to let him have copies of the HIV Pledge by the next day.

Appendix
African National Congress: proposed amendments to B117F-98: 23/02/99
PROPOSED AMENDMENTS TO CLAUSE 2, CLAUSE 3, CLAUSE 4 AND CLAUSE 11 OF THE TOBACCO PRODUCTS CONTROL AMENDMENT BILL [B117-F-98]

Amendment of clause 2 of Bill (B117F-98)
1. (a) The ANC proposes to insert 1(k)(iii) in the definition of "workplace".
This is acceptable.

(b) The ANC's proposed definition of "organised activity" should be replaced by the following:

1(I) "for the purpose of this Act "organised activity" means any event -

(i) where a tobacco product or brand name or trademark or logo or company name, that is used on any tobacco product is used in the name of the event
(ii) is organised for the purpose of public entertainment or education and shall include any cultural sporting or recreational event;
but
(iii) shall not include any private activities arranged by manufacturer, importer, distributor or retailer of a tobacco product or tobacco products
and
(iv) shall not include any activities that are required for a manufacturer, importer, distributor or retailer of tobacco products to fulfil their legal obligations

Motivation for a new definition of "organised activity"

The President said that the very wide ambit of the term "organised activity" would prescribe freedom of association. He says this defect may be cured by a more precise definition of "organised activity". The ANC's proposed definition of "organised activity" suffers from the following constitutional defects:
1. the words "any activity" are far too wide and would lead to a violation of freedom of association;

2. the words "members of the public" are also far too wide and would lead to a violation of freedom of association;

3. the word "portrayal of the activity" are so vague that they could mean anything. They are accordingly unconstitutional.

In (iii) of the new definition "private activities" are specifically excluded from to definition of "organised activity". This change is vital because in terms of (iii) of the ANC's proposed definition, the spouses and partners of employees would be unable to attend functions arranged by a manufacturer, importer, distributor or retailer or tobacco products.

Inkatha Freedom Party: proposed amendments to B117F-98: 23/02/99
INKATHA FREEDOM PARTY

Therefore IFP amendments would be as follows:

Page 4
2(a) No advertisement, visual, oral or written may contain images intended to promote the use of tobacco products. Advertisements may only provide product information, may include the use of logos or trade marks and must, be accompanied by WARNINGS as prescribed and comprising not less than one third of the time or space allotted to the advertisement.

Page 6
First options: reinstate the original definition in 1(10) "a public place" means any indoor area open to the public or part of the public and includes a public conveyance.

Option in 2ki Remove "or enclosed area".

Page 6
4. Delete 3 (1) a, b, (2) a, b, c, (3) (4)
5. Retain on Page 8 3. (5) a, b, c,

We hope that you will favourably view these as compromise positions that achieve the ends we all seek.