Question NW65 to the Minister of Health
23 February 2024 - NW65
Clarke, Ms M to ask the Minister of Health
(1)Whether, with reference to the Tenth Session of the Conference of the Parties (COP) to the World Health Organisation Framework Convention on Tobacco Control that is taking place in Panama from 5 to 10 February 2024, the delegation, including potential members from other government departments, public sector entities and participants not working in the public sector have been mandated to agree to any new stipulations under the COP Treaty; if not, why not; if so, (a) what is the extent of the mandate and (b) on what current legislative provisions is the mandate based; (2) whether public comment on the legislative process related to the Tobacco Products and Electronic Delivery Systems Control Bill has been incorporated into the delegation’s mandate; if not, why not; if so, what are the relevant details; (3) whether, in terms of the delegation to the COP’s decision-making and mandate formation, any measures have been put in place to ensure that its work does not pre-empt the legislative process and/or nullify the public participation process on the Bill; if not, why not, if so, what are the relevant details?
Reply:
(1) (a) The South African delegates were mandated to advance the interests of South Africa and of the Continent with regard to aspects that promote public health in relation to the control of tobacco products, electronic delivery systems and related products.
(b) The mandate is based on the fact that South Africa is a signatory to the WHO Framework Convention on Tobacco Control (FCTC). The FCTC is a Global public health treaty which informs South Africa’s mandate in this regard. The treaty is evidence-based and reaffirms the rights of all people to the highest standard of Health. In addition, South Africa is guided by local and global studies that have provided significant evidence about the harm caused by both combustible and non-combustible tobacco products.
(2) No, the public comment on the legislative process related to the Tobacco Products and Electronic Delivery Systems Control Bill has not been incorporated into the mandate, because legislative processes pertaining to the Bill has not been completed yet. Many of the COP issues are similar to the provisions of the Bill, and this is a justifiable coincidence since the two are dealing with the same subject matter at different levels. The Bill process is a law-making process at national level whilst COP deals with tobacco control and regulation at international level.
(3) The National Department of Health respects and values the legislative process that the Bill has to undergo and that includes the public participation process. The Bill before Parliament aims at regulating and controlling the tobacco and related products in the interests of public health. The WHO FCTC is a regulatory instrument on tobacco control at international level. Both WHO FCTC and the National legislation (Tobacco Products Act 83 of 1993), Tobacco Products and Electronic Delivery Systems Control Bill are dealing with the same subject matter namely the regulation and control of tobacco and related products, including electronic delivery systems. Therefore, you may find similar aspects covered in the Bill being discussed at COP as the body implementing the WHO FCTC. As a matter of course, the resolutions and recommendations of international bodies do influence the direction of national laws to the extent allowed by the Constitution of the Republic of South Africa, 1996.
END.