'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 61 of 2003), apply with the
necessary changes to this section.
3
Advertising, sponsorship, promotion, distribution, display and information required in
respect of packaging and labelling of tobacco products
(1)
(a) No person shall advertise or promote, or cause any other person to advertise or
promote, a tobacco product through any direct or indirect means, including through
sponsorship of any organisation, event, service, physical establishment, programme,
project, bursary, scholarship or any other method.
(b) A commercial communication between a tobacco manufacturer or importer and
its trade partners, business partners, employees and share holders, must contain no
other information except for factual information about the tobacco product, its
characteristics, its availability or price, pictures of the tobacco products, the
component parts and their packaging.
(2) No manufacturer, importer, distributor or retailer of tobacco products shall(a) organise or promote any organised activity that is to take place in whole or in