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HEALTH PORTFOLIO COMMITTEE & SOCIAL SERVICES SELECT COMMITTEE: JOINT MEETING
23 February 1999
TOBACCO PRODUCTS CONTROL AMENDMENT BILL: VOTING
The Committees discussed amendments to the Tobacco Control Bill, referred back to Parliament by the President. Arguments ensued as to when a public place is private. There was constant changing in the definition of what is a public place. For example, is a hotel room part of a private dwelling? How about a resort? Is a ship in docks a workplace? Fresh examples of the definition of a public place were repeatedly brought up.
The committee broke into groups to caucus consensus. After multi-party discussions, the parties accepted the proposed amendments that the ANC had originally tabled with certain changes.
Voting took place on amendments as a whole:
16 voted for the 2 clauses (ANC, DP, and IFP)
4 voted against (NNP)
Voting on NNP proposed amendments:
3 voted for (NNP)
13 voted against (ANC)
2 abstained (DP, IFP)
Dr Gous (NNP) moved that all NNP amendments be referred to an impartial constitutional expert.
13 voted against the motion (ANC)
5 voted for (NNP, DP, and IFP)
The amendments agreed to by this committee are:
AMENDMENTS AGREED TO
TOBACCO PRODUCTS CONTROL AMENDMENT BILL
1. On page 4, after line 37, to insert the following paragraphs:
(g) by the insertion after the definition of ‘‘officer’’ of the following
‘‘ ‘organised activity’—
(a) means any activity or event—
(i) which the public attends or participates in;
(ii) which is organised for the purposes of entertainment,
sport or recreation or for educational
or cultural purposes; and
(iii) where a tobacco product, or brand name, trade
mark, logo or company name in relation to a
tobacco product, is used in the name of or
portrayal of the activity or event; but
(b) excludes any private activity or event arranged by a
manufacturer, importer, distributor or retailer of a
tobacco product where only its shareholders or its
employees or their spouses or partners attend;’’;
(h) by the insertion after the definition of ‘‘prescribe’’ of the
‘‘ ‘private dwelling’ means any part of—
(a) any room or apartment of a building or structure which is occupied as a residence; or
(b) any building or structure or outdoor living area which is accessory to, and used wholly or principally for, residential purposes;’’;
2. On page 6, from line 3, to omit the definition of ‘‘workplace’’ and to substitute: ‘‘ ‘workplace’—
(a) means any indoor or enclosed area in which employees perform the duties of their employment; and
(b) includes any corridor, lobby, stairwell, elevator, cafeteria, washroom or other common area frequented by such employees during the course of their employment; but
(c) excludes any private dwelling, and any portion of an area mentioned in paragraph (a) specifically designated by the employer as a smoking area and which complies with the prescribed requirements.’
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