The proposed Tobacco Products and Electronic Delivery Systems Control Bill has triggered intense concern across South Africa’s informal sector. Spaza shop owners, hawkers, and traditional healers argue that it poses a threat to their survival.
Currently in Parliament since 19 March 2025, the bill seeks to tighten regulations on the sale and use of tobacco. Among its key provisions are a ban on the sale of single-stick cigarettes and a stream of income for informal traders.
The bill’s preamble sets out its intentions clearly on tobacco use, stating, “is injurious to the health of tobacco users and non-smokers exposed to tobacco product emissions and has caused widespread addiction, disease and mortal harm in society.”
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It goes on to argue that nicotine is a highly addictive and toxic substance, especially harmful to children and youth, and that advertising creates dangerous associations.
The bill is in alignment with the World Health Organisation’s Framework Convention on Tobacco Control.
For informal traders, however, the legislation presents an existential threat.
The National Informal Traders Alliance of South Africa (NITASA) has strongly opposed the bill, accusing lawmakers of ignoring the realities of the informal economy.
“We are not against health regulations, but this bill will kill livelihoods,” said NITASA president Rosheda Muller.
“During the COVID-19 tobacco ban, informal traders were pushed aside while the illicit trade flourished. We cannot allow history to repeat itself under the guise of public health,” said Muller.
Traders say the penalties outlined in the bill are disproportionate and frightening.
“I only just found out that if someone smokes near my stall, I could be fined or even jailed for up to 10 years,” said Honose Mokoena, a spaza shop owner in Akasia, Pretoria.
“That’s not fair. We are just trying to make a living, not committing a crime.”
At busy transport hubs, where single-stick sales are common, vendors fear they will be hit hardest.
“Most of my customers buy one cigarette because they don’t have money for a full pack,” explained Nomvula Dlamini, who trades outside MTN Taxi Rank in Johannesburg.
“If the government bans this, I lose almost half of my daily income. How will I survive with my kids?”
Traditional healers have also voiced alarm, stressing that tobacco plays an essential role in ancestral consultations and healing practices.
For them, tobacco is not merely a consumer product but a cultural and spiritual instrument. Some argue that the bill, if passed without exemptions, risks infringing on indigenous rights protected by the Constitution.
“Government must not view tobacco only as a health risk,” said Masindi Tshisani, a Limpopo-based healer.
“For us, it is a sacred tool that connects us with our ancestors. To restrict its use without cultural dialogue is to disrespect our traditions.”
Economists caution that the unintended consequences of the bill could be severe.
By outlawing practices such as single-stick sales, the legislation could drive smokers toward the already thriving illicit cigarette market. This shift, analysts warn it can hurt legitimate small businesses while enriching criminal networks.
Despite the backlash, health advocacy groups have defended the bill.
Cancer Association of South Africa (CANSA) insist that stricter tobacco control is long overdue. They argue that smoking remains one of the country’s leading preventable causes of death, and tougher measures are necessary to protect the youth from addiction.
“This Bill represents a significant step towards enhancing public health protection measures in South Africa,” said Minenhle Dlamini, Project Coordinator for Tobacco Control at CANSA.
In the meantime, NITASA continues opposing the Tobacco Bill.
“The bill threatens informal traders by criminalising small-scale cigarette sales and increasing the illicit cigarette trade,” said NITASA.
Azwi@vutivibusiness.co.za
