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Big Business Opposes New SA Law (fwd)



                  S.Africa tobacco bill lights
                  business, sports fuse

                  22 July 1998
                  Web posted at: 13:51 SAT, Johannesburg time (11:51 GMT) 

                  CAPE TOWN, July 22 (Reuters) - South African business and
sport are
                  smouldering over draft legislation that aims to stub out
tobacco advertising
                  and smoking in public places. 

                  The draft Tobacco Product Control Amendment Bill, released
for public
                  comment last week, is aimed at amending existing
legislation to outlaw
                  smoking in the workplace and all advertising or promotion
of tobacco
                  products. 

                  "The legislation's main objective is to prevent people,
especially children,
                  from starting to smoke and to protect non-smokers from the
effects of
                  tobacco smoke," Dr Gonda Perez, government director of
health promotion,
                  told Reuters. 

                  Johannes Kgatla, parliamentary officer for the Department
of Health, said
                  cabinet should approve the draft bill soon. 

                  Around seven million of South Africa's just under 40
million people are
                  smokers. They are currently lured by lavish advertisments
on billboards, in
                  cinemas and magazines showing muscled, bronzed youths
surfing, skiing and
                  white-water rafting before taking a drag on a
well-deserved cigarette. 

                  Business and sports dependent on sponsorship by tobacco
companies say
                  the proposed ban undermines a constitutional right to
freedom of speech and
                  could cost thousands of jobs. 

                  "If you look at the legislation as it stands it is
possibly the most extreme the
                  world has ever seen in taking away the freedom of speech,"
Abrie du
                  Plessis, public affairs manager for tobacco firm Rothmans
Holdings, told
                  Reuters. 

                  "Once you ban advertising you kill a lot of jobs and
cigarette makers may
                  find other ways to compete by cutting prices, so you could
actually increase
                  consumption," he said. 

                  Rothmans, 50 percent owned by Rothmans International, in
turn 60 percent
                  owned by industrial and mining conglomerate Rembrandt
Group Ltd and
                  sister firm Richemont Securities, dominates South Africa's
tobacco market. 

                  Du Plessis said the industry spends a total of around 250
million rand
                  ($40.78 million) annually on print and billboard advertising. 

                  Piet Delport, executive director of the Freedom of
Commercial Speech
                  Trust, an umbrella organisation for the media, advertising
and marketing
                  industries, said his group was also concerned about the
draft bill. 

                  "We are worried that it could infringe the freedom of
commercial speech," he
                  told Reuters. "It is the basic right of people to
advertise and for people to get
                  information." 

                  Kobus Gous, opposition National Party spokesperson on
health, said the
                  legislation threatened the loss of thousands of jobs in
tobacco related
                  industries as well as the marketing and advertising
industries. 

                  Beaulah Schoeman, managing director of Motorsport South
Africa, said her
                  organisation has already seen a loss of half a million
rand in sponsorship
                  because of the impending ban. 

                  "It would have a very detrimental affect on motorsport if
it was banned.
                  Tobacco companies have been very loyal sponsors. it would
affect a whole
                  lot of sports," she said. 

                  South African rugby and soccer are also very dependent on
tobacco
                  sponsorship although the cricket team has moved away from
the industry in
                  recent years. 

                  Schoeman said Sports Minister Steve Tshwete had called a
meeting later
                  this week with various sports organisations to discuss the
implications of the
                  draft bill. 

                  But Health Minister Nkososana Zuma, a virulent anti-smoker who
                  succeeded recently in making South Africa's parliament a
cigarette-free
                  zone, is unlikely to give much ground. 

                  Since the country's first democratic elections in 1994,
the African National
                  Congress-led government has increased excise duties on
tobacco products
                  to 47 percent of the cost of a packet of cigarettes, which
costs around one
                  U.S. dollar. 

                  Legal tobacco consumption is on the decline, although
Rothmans' du Plessis
                  says contraband sales have increased to dodge the new
higher taxes. He
                  estimates legal consumption at around 30 to 40 billion
cigarettes a year. 

                  The European Union has recently agreed a community-wide
ban on tobacco
                  advertising, but the legislation has run into difficulties
at the national level in
                  various countries. 

                  ($1-6.1290 Rand) 

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Business Day                                             23 July 1998 
                Rothmans weighs its
                options on bill

                Josey Ballenger

                ROTHMANS SA, the country's largest tobacco
                manufacturer, said yesterday it had not ruled out legal
                action against the health department on the grounds that
                the contents and the handling of the Tobacco Products
                Control Amendment Act was "unconstitutional".

                Public affairs manager Abrie du Plessis said the company
                was studying the contents of the bill with its legal adviser
                and hoped to begin a process of consultation with the
                department.

                "I am not going to commit myself to a legal challenge, but
                there is a possibility, depending on legal advice.

                "The bill seems to breach the protection of freedom of
                speech in the bill of rights, and the procedure in (its)
                drafting - we were in fact excluded - also seems to be
                unconstitutional in terms of openness, transparency and
                public participation," Du Plessis said.

                The bill proposes bans on advertising, sponsorship of
                sporting events, smoking in certain public and work
                places and restricting cigarette vending machines to areas
                where people under 16 do not have access to them. 

                Meanwhile, the cabinet's social and administrative affairs
                committee referred the bill back to the health ministry
                yesterday to resolve certain issues before it could be
                considered by the full cabinet. A cabinet source said the
                bill was unlikely to pass this year, given the lengthy
                legislative process.