LANGUAGE
Last updated: May 15th 2020

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

Any person, including a body corporate or association of persons
Fine, Jail
Enforcement Agency

Minister of Health and his/her properly appointed authorized officers

Analysis

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 sections 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 the 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.

Law Source, Section
Part 4, Sections 18(2), 19(3), 21, and 27(3) and Part 5, Section 35

Sponsorship

Any person, including a body corporate
Fine, Jail
Enforcement Agency

Minister of Health and his/her properly appointed authorized officers

Analysis

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 the 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.

Law Source, Section
Part 4, Section 15(2) and Part 5, Section 35