Parliament is inching closer to passing legislation that could see South Africans face jail time for smoking in their own cars when children or non-smokers are present.
The Portfolio Committee on Health is currently working through the Tobacco Products and Electronic Delivery Systems Control Bill clause by clause, after voting in favour of the proposed laws in June 2026. The committee began detailed deliberations in August and has now reached broad consensus on key sections.
The bill, first introduced to Parliament in December 2022, aims to regulate both traditional cigarettes and e-cigarettes across a wide range of settings. Once the committee completes its review, it will submit findings to the National Assembly for final approval.
Private cars and enclosed spaces targeted
The proposed legislation includes a strict ban on smoking in private vehicles when a non-smoker or child is present. This means parents could face legal consequences for lighting up while driving with their children.
The bill also prohibits smoking in all enclosed public places, workplaces and public transport. This includes buses, taxis, trains and commercial vehicles.
According to the bill, a workplace covers any premises where one or more people work, whether paid or voluntary. This extends to pool vehicles and any vehicle used during work.
Public transport is defined as any aircraft, ship, boat, train, bus, mini-bus, taxi or other vehicle used to carry members of the public, whether for profit or not.
Multi-unit housing and outdoor spaces
Residents of flats and apartment blocks could also face restrictions. The bill aims to ban smoking in enclosed common areas of multi-unit residences and allows prohibition where smoke unreasonably interferes with other residents’ enjoyment of their homes.
The health minister would gain powers to ban smoking in outdoor public places where it creates health, fire or other hazards. Property owners could also designate outdoor areas as smoke-free.
Private homes used for commercial childcare, domestic employment or as workplaces would become smoke-free zones under the proposed rules.
Penalties and enforcement
Anyone breaking these restrictions could face a fine, a criminal conviction, or up to six months in prison.
Property owners and employers will carry responsibility for ensuring compliance in spaces they control, including displaying appropriate signage.
Public divided on proposals
The bill has sparked fierce debate. During public hearings held from August 2023 to February 2025 across all nine provinces, Parliament recorded nearly 7 900 attendees who made 1 113 oral submissions.
Of those who stated a position, 500 supported the bill whilst 495 rejected it. Another 14 partially supported the measures.
Health minister Aaron Motsoaledi briefed the committee in March 2026 on responses to issues raised during the hearings.
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E-cigarettes included
The legislation covers both traditional tobacco products and electronic delivery systems. Parliament’s recent deliberations have focused on distinguishing between combustible and non-combustible products whilst maintaining common protections, particularly for children.
The committee has identified illicit trade as a major concern and is considering ratification of the Protocol to Eliminate Illicit Trade in Tobacco Products.
The proposed laws do not ban smoking entirely. Parliament described the measure as concerning harm reduction rather than a complete prohibition.
The bill remains under parliamentary consideration, with no final enactment date or commencement timeline yet established. Changes to specific provisions, prescribed distances and enforcement mechanisms could still occur before final passage.
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