Last updated: May 15, 2020
Penalties
Advertising and Promotion
Minister of Health and his/her properly appointed authorized officers
For violations of Sec. 18(1), a natural person is subject to a fine up to 15,000 Emalangeni or a maximum six-month imprisonment term. Bodies corporate or associations of persons are subject to a maximum fine of 30,000 Emalangeni.
For violations of Secs. 19(1) and (2), a person is subject to either or both a fine not exceeding 15,000 Emalangeni and a term of imprisonment up to three years.
For violations of Secs. 19 or 20, a natural person is subject to a maximum fine of 10,000 Emalangeni or two years in prison. Bodies corporate are subject to a fine up to 50,000 Emalangeni.
For violations of internet sales and vending machines, a person is subject to either or both a fine up to 5,000 Emalangeni and a one-year maximum imprisonment.
There are no penalties associated with violations of Secs. 16 (promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression), 22(6) (candy or toys that resemble tobacco products), or 25 (point of sale advertising and promotion).
The law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines in that it imposes penalties for violations for some tobacco advertising and promotion provisions. To more fully align, the law or future regulations should impose penalties for all violations and consider increased penalties for repeat violations and additional or alternative penalties such as license suspension or revocation.
Sponsorship
Minister of Health and his/her properly appointed authorized officers
A natural person is subject to a fine not exceeding 10,000 Emalangeni or imprisonment for up to two years. A body corporate is subject to a fine up to 30,000 Emalangeni.
The law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines in that it imposes penalties for violations of tobacco sponsorship provisions. To more fully align, the law or future regulations should consider imposing increased penalties for repeat violations and additional or alternative penalties such as license suspension or revocation.
