Last updated: August 18, 2020

Penalties

Violation
Enforcement Agency
Sanction(s)

Content regulation

Not Applicable
None
Analysis

The law does not regulate the contents of cigarettes; therefore, there are no specified penalties.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Guidelines, the law should regulate the contents of cigarettes and impose sanctions for violations.

Disclosure requirement

Ministry of Health
Fine, Jail
Entities that can be held responsible

Manufacturer, importer, exporter

Analysis

Violations of the disclosure requirement are punishable by the following penalties:

(1) for the first offense, a fine between R5,000 and R10,000 or imprisonment for up to two years;
(2) for the second offense, a fine between R10,000 and R15,000 or imprisonment for up to three years;
(3) for subsequent offenses, a fine between R15,000 and R20,000 and imprisonment for up to three years.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.