Every individual has the right to a smoke-free environment. South African legislation is very clear about where smoking is prohibited. It is your right to complain when someone smokes in your presence and to take remedial steps if someone smokes in any area where smoking is prohibited.
Know your rights:
• Adults may not smoke in a motor vehicle when children under the age of 12 are in the vehicle
• No person under the age of 18 may smoke in a designated smoking area
• No person under the age of 18 may enter a designated smoking area
• No person may smoke in any partially enclosed public place such as a balcony, patio, stoop, passageway, parking area, etc
• The owner/manager of a restaurant, pub or workplace that transgresses these regulations, may be fined up to R50000, while individuals who smoke in the mentioned places may be fined R500
• Smoking is NOT permitted on premises such as schools, crèches or private dwellings that are used for child care or schooling
How to lodge a complaint against someone smoking in a prohibited area:
• Request the owner or manager/supervisor of the specific area to deal with the individual(s) who transgress current legislation.
• If the owner/manager/supervisor refuses to assist you or allows the illegal smoking to continue, you are entitled to take the matter further
• Take a photograph (your cellphone will do) of the smoking that is taking place – try to take the photograph to include in the photograph one or other feature that will assist in identifying the venue
• Report the incident to the Environmental Health Officer of the particular Local Authority where the incident occurred – he/she has the authority to act under the Criminal Offences Act. There are various prescribed penalties as mentioned above.
• The transgression can also be reported to the National Council Against Smoking.
Cansa press release
- (Health24, May 2012)
SA set to go 100% smoke-free
Non-smokers, rise up!