Protection of Businesses Act, 1978
R 385
Tobacco Products Control Act, 1993 (Act No. 83 of 1993)2. Control over smoking of tobacco products |
| (1) |
| (a) | No person may smoke any tobacco product in— |
| (i) | a public place; |
| (ii) | any area within a prescribed distance from a window of, ventilation inlet of, doorway to or entrance into a public place; |
| (iii) | any motor vehicle when a child under the age of 12 years is present in that vehicle; or |
| (iv) | any place contemplated in subsection (3). |
| (b) | Notwithstanding paragraph (a), the Minister may permit smoking in the prescribed portion of a public place, subject to any prescribed condition. |
| (c) | Notwithstanding the fact that a private dwelling is excluded from the definition of 'workplace', no person may smoke any tobacco product in a private dwelling if that private dwelling is used for any commercial childcare activity, or for schooling or tutoring. |
| (2) | The owner of or person in control of a place or an area contemplated in subsection (1)(a), or an employer in respect of a workplace, shall ensure that no person smokes in that place or area. |
| (3) | The Minister may prohibit the smoking of any tobacco product in any prescribed outdoor public place, or such portion of an outdoor public place as may be prescribed, where persons are likely to congregate within close proximity of one another or where smoking may pose a fire or other hazard. |
| (4) | The owner of or person in control of a place or area contemplated in subsection (1)(a), or employer in respect of a workplace, shall display the prescribed signs and shall make the prescribed public announcements in order to inform any person who enters or who is in or on such place or area of any prohibition on smoking. |
| (5) | An employer must ensure that— |
| (a) | employees may object to smoking in the workplace in contravention of this Act without retaliation of any kind; |
| (b) | employees who do not want to be exposed to tobacco smoke in the workplace are not so exposed; |
| (c) | it is not a condition of employment, expressly or implied, that any employee is required to work in any portion of the workplace where smoking is permitted; and |
| (d) | employees are not required to sign any indemnity for working in any portion of the workplace where smoking is permitted. |
| (6) | The owner of or person in control of a place or area contemplated in subsection (1)(a), or employer in respect of a workplace, shall ensure that no person under the age of 18 years is present in any portion of the workplace where smoking is permitted or in the area within a public place contemplated in subsection (1)(b) in or on which smoking is permitted. |
| (7) | Sections 80 to 89 of the National Health Act, 2003 (Act No. 61 of 2003), apply with the necessary changes to this section. |
