Media release from the National Informal Traders Alliance of South Africa (NITASA) 

CAPE TOWN, Friday, 26 June 2026 – The National Informal Traders Alliance of South Africa (NITASA) welcomes the adoption of the Motion of Desirability for the Tobacco Products and Electronic Delivery Systems Control Bill, marking a significant milestone in the legislative process and a clear signal that Parliament is moving with urgency toward finalising this important law.

NITASA commends Parliament for listening to the voices of South Africans throughout the public participation process and for demonstrating responsiveness through targeted amendments to the Bill. As highlighted during committee proceedings, Ms Faith Muthambi noted the depth and breadth of engagement, stating that the process reflected democracy in action, with the committee engaging 27 municipalities across all nine provinces, drawing nearly 7900 participants in public hearings, 1113 oral submissions, a further 52 virtual inputs, and close to 40 000 written submissions from across society. This level of engagement sets an important benchmark and reinforces public confidence in the legislative process.

NITASA is encouraged that this extensive consultation is beginning to translate into a more practical and inclusive approach to regulation. We particularly welcome the clear recognition by Members of Parliament of the need to address clauses that directly impact informal traders, and the willingness shown to refine these provisions in a constructive and balanced manner. Echoing key issues raised during parliamentary deliberations, Hon. Moshome Patrick Motubatse, Member of Parliament from the MK Party, outlined a set of targeted areas for refinement that could further strengthen the Bill and enhance its effectiveness: “The five priority areas requiring amendments are 1. The differentiation between combustible and non-combustible products; 2. The rationalisation of advertising and display restrictions; 3. The reform of plain packaging provisions; 4. Strengthening of measures against illicit trade while protecting informal traders; 5. Rebalancing of ministerial powers and penalties. These concerns do not render the bill undesirable, rather they provide a clear road map for improving the legislation”.

NITASA is clear that stronger regulation of tobacco and nicotine products is necessary and fully supports robust provisions and effective enforcement. We firmly oppose any outcome that allows nicotine products to become accessible to youth. This is a non-negotiable issue. The legislation must draw a clear line and ensure that children and young people are protected.

At the same time, the organisation recognises the importance of ensuring that regulation is workable in practice and does not unintentionally destroy lawful livelihoods. Highlighting this concern, Michéle Odette Clarke of the Democratic Alliance cautioned against unintended consequences for small businesses and informal traders: “Of course, that will have huge impact on small businesses if we ban advertisement completely and informal traders and spaza shops owners through point-of-sale bans and restrictions on individual cigarette sales”.

NITASA believes these perspectives are not in conflict, but rather point toward the need for a balanced, enforceable framework. Reinforcing the importance of strong public health protections, Naledi Chirwa of the Economic Freedom Fighters emphasised the need for regulation that protects future generations: “The EFF believes that effective legislation must be balanced, evidence-based and responsive to social economic realities of South Africa. We do support measures that are aimed at protecting public health that reduce preventable diseases and ensuring that future generations are not exposed to nicotine addiction and tobacco related harm”.

This balance is critical. Public health protection and economic inclusion must advance together. Informal traders are not opposed to regulation. They want clarity, fairness, and the ability to comply. They also want to be part of the solution.

Emphasising the importance of a realistic and humane approach, Dr Tebogo Kgosietsile Solomon Letlape of ActionSA highlighted the dual responsibility facing policymakers: “We have a duty to protect the youth and children and inform adults for better decision making accepting that people who smoke are human as well and deserve all the assistance to help them reduce and or eliminate if possible their addiction to iniquity”.

NITASA fully supports this approach. Preventing youth access, strengthening enforcement, and supporting responsible adult behaviour are all essential components of effective regulation. The organisation stands ready to work with government on awareness and education initiatives aimed at preventing underage access and promoting compliance across the informal sector.

The adoption of the Motion of Desirability reflects constructive collaboration between policymakers and stakeholders. NITASA believes this approach must now translate into final outcomes. The Bill should be refined where necessary but not weakened. It should emerge as a strong, enforceable law that protects public health, combats illicit trade, and allows compliant traders to continue operating.

Importantly, NITASA wants to see this Bill concluded and enacted into law without unnecessary delay. Regulatory uncertainty benefits no one. South Africa needs a clear, balanced framework that can be implemented effectively.

NITASA reiterates its commitment to constructive engagement and will continue working with Parliament and all stakeholders to ensure a final legislative outcome that protects young people, strengthens compliance, and safeguards the livelihoods of informal traders across South Africa.

ENDS

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