By Thapelo Molefe
Parliament’s health portfolio committee has resolved to proceed with the processing of the controversial Tobacco Products and Electronic Delivery Systems Control Bill despite objections to wait for the input from the National Economic Development and Labour Council.
The decision was made after the committee received a legal opinion from Parliament’s Legal Services division.
The legal opinion said that while NEDLAC has an internal protocol for considering matters, the NEDLAC Act does not prescribe a specific process that must be followed.
The committee’s chairperson Dr Sibongiseni Dhlomo said: “The legal opinion has provided clarity on the consultation process and we are satisfied that the Department of Health has met the necessary requirements. As a committee, we are now ready to proceed with the remaining public hearings and continue our consideration of the bill.”
However, committee member and President of the African Transformation Movement, Vuyo Zungula, raised concerns on Friday about the legal obligations for NEDLAC’s consultation under Section 4.1(d) of the Act, which mandates that changes with socio-economic impacts undergo thorough engagement.
Zungula questioned the risk of violating legislative procedures without a formal NEDLAC report affirming proper consultation, asking if the committee might be disregarding these procedural requirements.
Committee member and ANC Member of Parliament Juliet Khumalo, on the other hand, voiced frustration over perceived delays from NEDLAC, pointing out that consultations had already been held in seven provinces before NEDLAC raised issues.
Khumalo raised concerns about potential setbacks in the process, interpreting the committee’s debates as redundant given the prior consultations conducted by the previous administration.
Responding to these concerns, a legal representative Sueann Isaac clarified that while NEDLAC is a key consultative body, its role is not bound by a single, prescriptive step.
She noted that the NEDLAC act’s language uses “consider” rather than “consult,” which allows for ongoing engagement without halting parliamentary procedures.
“The Act is not envisioning a very prescriptive process. It’s creating ongoing engagement, which is part of the reason why this parliamentary process can continue while still allowing NEDLAC to participate,” Isaac stated.
Some members, like Van Staden, voiced concerns about unresolved matters with NEDLAC, proposing a delay. However, Dhlomo assured the committee that NEDLAC’s feedback would be an “add-on” rather than a disruption to the current legislative timeline.
The objective of the bill is to protect public health, particularly vulnerable groups like the youth, from the harmful effects of tobacco and related products.
The bill proposes various control measures such as plain packaging, restrictions on advertising and displays, and regulating the sale of these products.
Dhlomo has previously emphasised the importance of the bill in protecting public health, particularly the health of the youth, from the harms of tobacco and related products.
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