Smoking in public spaces could become a costly offence, with individuals facing fines of up to N$5 000 or possible imprisonment if proposed amendments to Namibia’s Tobacco Products Control Act are adopted.
The Ministry of Health and Social Services (MHSS) is reviewing the Tobacco Products Control Act, 2010 (Act No. 1 of 2010), with the aim of strengthening tobacco control, regulating newer nicotine products and bringing Namibia’s legislation in line with the World Health Organisation Framework Convention on Tobacco Control (WHO FCTC).
Speaking at a national public consultation on the proposed amendments at the Khomasdal Community Hall, Gabriel Joseph, Deputy Director of Public and Environmental Health at the ministry, outlined some of the penalties contained in the proposed changes. According to Joseph, a person caught smoking a tobacco product in a public space could face a fine of up to N$5 000 or a prison sentence of up to one month. The proposed amendments would also place responsibility on employers and owners of public establishments.
Those who allow smoking in public spaces could face a fine of up to N$60 000 or imprisonment for up to three months. Manufacturers who fail to comply with prescribed tobacco-product standards could face considerably higher penalties, with proposed fines of up to N$500 000 or imprisonment for up to three years. The proposed changes form part of a wider review of Namibia’s tobacco-control legislation, which also seeks to address products that have become increasingly common since the current Act was introduced. These include electronic cigarettes, vapes, hubbly-bubbly and hookah pipes, heated tobacco products and nicotine pouches.
Otjozondjupa Regional Governor, Hon. John //Khamuseb, said these newer products and devices are increasingly available and attractive to young people. He said stronger protection is needed for young people from products designed to create and sustain nicotine dependence. //Khamuseb made the remarks during the national consultation workshop held in Otjiwarongo as part of the ministry’s review of the Tobacco Products Control Act.
The ministry has been conducting nationwide town hall meetings and consultations with members of the public and other stakeholders as part of the review process. The consultations are intended to give the public an opportunity to comment on the proposed amendments before the legislative process moves forward. The review is also aimed at ensuring that Namibia’s tobacco-control laws keep pace with the changing tobacco and nicotine market, while meeting the country’s obligations under the WHO Framework Convention on Tobacco Control.
The proposed penalties are not yet new law and form part of the amendments currently under consideration. Members of the public and stakeholders have been encouraged to participate in the consultation process and provide their views on the proposed changes.
By Eileen van der Schyff
