Tamar Kahn
8 May 2008
Cape Town — The tobacco industry has asked Parliament to send the Tobacco Products Control Amendment Bill back to the health department for further consultation, saying officials had repeatedly rebuffed its members ' attempts to provide input.
The move appears to be an attempt to play on MPs' fears of falling foul of the Constitutional Court if they do not ensure the public is fully involved in the law making process.
In 2006 the Constitutional Court struck down the Choice on Termination of Pregnancy Amendment Bill, which had been passed by both houses, saying Parliament had not properly consulted the public. It also struck down the Constitution 12th Amendment Act, which altered KwaZulu-Natal's boundary, on the grounds that the provincial government had not consulted the public adequately.
The industry is represented by the Tobacco Institute of SA, which includes the local operations of British American Tobacco (BAT), which has 70% of the local market, and JT International (JTI) with 7%.
Their main rival, Philip Morris International, has about 5% of the market and does not belong to the institute.
Parliament is considering the second part of the Tobacco Bill, which was split into two on technical grounds in 2006.
The first, the "section 75" bill, dealt primarily with smoking in public places, and was signed into law by President Thabo Mbeki in February.
The second, the "section 76" bill, goes to the heart of tobacco firms' business, as it proposes tightening the existing restrictions on the advertising and promotion of their products.
Yesterday the Tobacco Institute, JTI and BAT complained in separate presentations to Parliament's health committee that they had not been properly consulted by the health department on the section 76 bill. BAT spokeswoman Fay Kajee said the company was prepared to go to the Constitutional Court to ensure proper public consultation, if need be.
The tobacco companies' claims of inadequate consultation were a ploy to stall the bill, said the health department's director for health promotion Zanele Mthembu. The department had canvassed the tobacco industry's opinion on the bill before it was split and there had been no substantive changes to its content since then, she said.
Committee chairman James Ngculu said MPs would decide whether to refer the bill for more public input next Tuesday.
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