The object of the Tobacco Control Bill, (“the Bill”) published on 12 March 2021, is to repeal and re-enact the Control of Smoking Act (Cap. 65:04) (“the Act”) to align it with the World Health Organisation Framework Convention on Tobacco Control (“the FCTC”) to which Botswana is a party.
The Act had been found to fall short on a number of provisions, which include but are not limited to;
- addressing issues such as point of sale advertising as well as cross border advertising;
- addressing the issue of regulation of contents of tobacco products; and
- addressing packaging and labelling of tobacco products.
The Bill speaks to an exhaustive list, some of the key elements to be brought into effect are noted below:
- the establishment of a Tobacco Control Committee which shall provide oversight in the implementation of the provisions and exercise the powers conferred upon it;
- provide protection to all workers and members of the public by completely prohibiting smoking in all indoor workplaces, all indoor and outdoor public places and on all public transport where smoking would create a hazard or contradict its objectives;
- restaurants will be required to declare smoke free zones;
- monitor a range of health and Tobacco related aspects including but not limited to the issuance of license health trends in relation tobacco consumption and exposure, recommend amendments to the Minister and develop, promote and implement a national programme for tobacco control which will include public awareness campaigns;
- prohibit advertising, promotion and sponsorship by the tobacco industry to prevent messages, cues, and other inducements to begin using tobacco, especially among the youth, to reassure users to continue their use, or that otherwise undermine quitting;
- packaging and labelling of tobacco products in order to inform customers of the health consequences, addictive nature, mortal threat posed by the tobacco consumption and exposure to tobacco smoke and provide other relevant information to address consumers’ lack of knowledge of the true risks and specific harms of tobacco use and exposure to tobacco smoke;
- it also makes provisions for criminal sanctions for people who contravene the Bill by selling or purchasing tobacco or tobacco products from persons who do not possess a license issued in accordance with this Bill;
- a person purchasing tobacco or tobacco products from any person who does not have a license will now be liable for criminal sanctions in the form of a fine not more than P2000 or imprisonment not exceeding 5 (five) months or both;
- where a person is found guilty of an offence under this Bill, the court may impose a fine in addition to any other penalty, equal to the amount of monetary benefit gained by the person as a result of the offence, even if the maximum fine is imposed under another provision; and
- any person who contravenes any requirement under this Bill may be ordered to pay the reasonable costs associated with any inspection, investigation and enforcement action brought about by the non-compliance.
For further information contact Imaan Kader, Andile Mthupha or Gotsilemotho Phuduhudu on 391 2397 or email imaan@bookbinderlaw.co.bw, andile@bookbinderlaw.co.bw or gotsilemotho@bookbinderlaw.co.bw.