Proposed smoking law threatens rights

2012-06-28 15:56

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

Johannesburg - Proposed legislation which would effectively criminalise smoking outside one's home threatens individual rights, the Free Market Foundation (FMF) said on Thursday.

"We should not lose perspective on the question of how restrictive a society we want to create," said executive director Leon Louw in a statement.

"How far do we want to allow government to trespass on our constitutional rights and reduce individual autonomy, especially to the extent of controlling what can be perceived as self-destructive behaviour?"

Louw said the department of health’s proposed new laws, in the Tobacco Products Control Act, would "infringe disproportionately" on the rights of individuals and private property owners.

The regulations would criminalise smoking in any building, outdoor venue, public or private beach, outdoor drinking or eating area, park, walkway, parking area, or within 10m of any doorway or window.

This would render the provisions businesses had made to accommodate the present smoking laws obsolete.

"Of concern to the FMF is the impact of the regulations on businesses, especially within the hospitality industry, incorporating restaurants, bars, nightclubs and casinos," Louw said.

Even establishments catering exclusively to smokers would be banned and put out of business.

The deadline for comment on the proposed legislation is Friday.

Louw said the laws would conflict with the constitutionally enshrined rights to dignity, privacy and freedom of association, which were integral to South Africa's democratic "open society, based on human dignity and freedom".

The FMF was also concerned the wording of the act was "too vague" to be enforceable.

For example, "the draft regulation that prohibits smoking on public bathing beaches within 50m from the closest person ‘near’ the demarcated swimming area, is too uncertain," Louw said.

"How can we allow laws that will undoubtedly harm our country’s economy by putting people out of business and make our unemployment situation even worse?"

Anyone convicted of puffing in a no-smoking zone would be liable to a R500 fine, while a person in control of an indoor public place where illicit smoking occurred could get a fine of up to R100 000.


- SAPA
Read more on:    health  |  human rights
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
198 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Fashion
 

6 life hacks you simply have to know

A few simple tricks can make your life so much easier!

 
 

For chic geeks...

Device lets disabled people talk through their nose
It’s THIS easy for someone to steal your ATM pin!
This is why you should install iOS 8
17 photo illusions that look so real

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Pre-order your iPhone 6 at kalahari.com

Hurry and pre-order your own iPhone 6 now at SA’s favourite online store!

Bargain box – 60% off

Reduced prices, very limited stock. While stocks last. Hurry and shop now!

Mind blow low prices on electronics

Get either the Prestigio multiphone or Proline tablet 7” tablet for only R699. Offers valid while stocks last. Shop now!

30% off Barbie toys

Save 30% on all Barbie toys and accessories. Offer valid while stocks last. Shop now!

Baby extravanganza month at kalahari.com

Celebrate baby month with a wide range of awesome baby products. Offers valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Something may be bothering you. A flooded mind and impulsive reactions are not a good combination as you are not thinking clearly....read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.