Last updated: August 18, 2020

Penalties

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

Advertising and Promotion

“Any person” who engages or participates in tobacco advertising or promotion
Fine, Jail
Enforcement Agency

Ministry of Health

Analysis

For violation of advertising, promotion and sponsorship ban, Art. 25(2) imposes the following penalties:
1) for the first offense, a fine between R5,000 and R10,000 or imprisonment up to two years;
2) for the second offense, a fine between R10,000 and R15,000 or imprisonment up to three years;
3) for subsequent offenses, a fine between R15,000 and R20,000 and imprisonment up to three years.

The penalty provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties and for higher penalties for repeat offenses.

Sponsorship

“Any person” who engages or participates in tobacco sponsorship
Fine, Jail
Enforcement Agency

Ministry of Health

Analysis

For violation of advertising, promotion and sponsorship ban, Art. 25(2) imposes the following penalties:
1) for the first offense, a fine between R5,000 and R10,000 or imprisonment up to two years;
2) for the second offense, a fine between R10,000 and R15,000 or imprisonment up to three years;
3) for subsequent offenses, a fine between R15,000 and R20,000 and imprisonment up to three years.

The penalty provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties and for higher penalties for repeat offenses.