Last updated: September 27, 2021
Duties / Penalties
Post signs
The law provides that the person in control of a public place or workplace must display the prescribed no-smoking signs. Any person who violates this provision is subject to a fine of up to R50,000.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to posting no-smoking signs.
Remove ashtrays
There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law and regulations require a person in control of a public place to ensure that no person smokes in that place or area. This is interpreted as requiring the person in control to take steps to require a person to stop smoking. Any person who violates this provision is subject to a fine of up to R50,000.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring owners/supervisors to take steps to stop persons from smoking in no-smoking places and areas.
Other
Employers must ensure that 1) employees may object to smoke in the workplace without retaliation, 2) employees who do not wish to be exposed to tobacco smoke are not exposed, 3) it is not a condition of employment to work in an area where smoking is permitted, 4) employees are not required to sign an indemnity for working in an area where smoking is permitted, and 5) there is a written policy on smoking in the workplace. Employers who violate these provisions are subject to a fine of up to R100,000.
Not to smoke where prohibited
The law provides that failure to comply with smoking restrictions will subject a smoker to a fine of up to R500. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this respect.
