Last updated: May 15, 2020
Duties / Penalties
Post signs
The law requires managers/owners of places where smoking is restricted to post signs in both Siswati and English stating that smoking is prohibited and the prescribed penalty. The signs are to be in “such form and of such size” and be “posted in such place as may be prescribed.” As of the date of this review, no regulations have yet been issued, and no sanction for violating this duty is provided.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or future regulations should contain penalties for failure to post signs. These penalties could include fines, license suspension or revocation, or other appropriate penalties, and should be commensurate with the severity of the violation.
Remove ashtrays
The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to remove ashtrays and impose penalties for violations of that duty.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law permits, but does not require, managers/owners of places where smoking is restricted to take steps to require a person smoking in violation of the law to stop. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or future regulations should require such a duty and prescribe penalties for violating that duty.
Not to smoke where prohibited
Any person who smokes in an undesignated area of a prohibited smoking area is subject to a fine up to 5,000 Emalangeni, imprisonment for up to a year, or both.
