Smoking regulations may be unlawful - LRP

2012-07-10 11:05
(File, Shutterstock)

(File, Shutterstock)

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

kalahari.com

Johannesburg - Draft regulations on smoking in public may be unconstitutional because the regulations were being made by executive decree, rather than through Parliament, the Law Review Project (LRP) said on Tuesday.

"This amounts to a direct violation of the constitutional requirement of separation of powers between the executive, legislative, and judicial authority," spokesperson Tebogo Sewapa said in a statement.

The LRP, a legal policy institute, submitted objections to the health department's proposals to ban all smoking in indoor public areas, and in many outdoor areas.

Sewapa said it was inappropriate for the executive to make the regulations, since it did not comply with provisions in section 195 of the Constitution, regarding required public participation and consultation.

"Substantive laws should be made subject to these and other Constitutional checks and balances necessary for quality of law purposes," he said.

The LRP believed the draft regulations showed there was no longer a legitimate desire to defend the rights of non-smokers, but rather act as a draconian intervention against those of smokers.

The health department should rely on common laws governing nuisance, property rights, freedom of association, and contracts.

"Smoking is a vice, not a crime, just as it is not a criminal offence to be obese, have reckless recreations, or be dishonest without committing fraud," he said.

The LRP questioned the regulations' drafting, since it appeared many provisions were either inappropriate or inappropriately formulated.

Sewapa urged Health Minister Aaron Motsoaledi not to proceed with the regulations, and refer them back for reconsideration.

The proposed 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.
- SAPA
Read more on:    aaron motsoaledi  |  health  |  legislation
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
69 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Oscar Pistorius
 

Device lets disabled people talk through their nose

A device that converts nose breaths into speech will open new doors for people with Parkinson’s or motor neuron disease.

 
 

For chic geeks...

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
Check out the speed of this robo-cheetah!

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

You may take extra pride in your work today. You have a need to shine and be respected so you may put the extra effort and TLC...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.