South Africa's tough smoking laws came into full force a while ago, making it illegal for smokers to light up in restaurants, hotels and casinos unless there is a separate enclosed smoking area.

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The law was implemented on January 1, but many businesses applied for extensions and were given a six month grace period, which ended on Saturday. Owners could be fined up to R10 000 or jailed for up to a year if they allow anyone to smoke on their premises.

The law affects all public places and owners are required to partition not more than 25 percent of floor space for smokers, from floor to ceiling, and install ventilation and signage. You may smoke only in your private home, provided you are not using it as a business or a child-care facility, your private motor vehicle, a legally designated smoking area and outside in the open.

Although many of the larger SA companies have made the necessary changes, many smaller businesses like pubs, coffee shops and shebeens have yet to comply. Businesses that had not completed their structural changes are legally required to be smoke-free.

Many businesses expect a drop in revenue as angry smokers resent not being allowed to smoke and enjoy a beer or cup of coffee. The Federated Hospitality Association of South Africa (Fedhasa) intends conducting a study after next month to assess the financial impact the new law is having on the hospitality industry.

Breaking the smoking law is a criminal offence, and with a conviction, an establishment runs the risk of losing it liquor licence.

The Department of Health is running a hotline for complaints about infringements. Once a complaint is registered, the department will contact local environmental health officers (EHOs) who would visit premises and issue warnings.

Patricia Lambert, legal adviser to Health Minister Manto Tshabalala-Msimang said that the legislation was not designed to persecute smokers, but rather flowed from the government's constitutional obligation to provide an environment that was "not harmful to a person's health or well-being".

The Department of Health's complaints phone number is (012) 312-0180.

Read more about the dangers of tobacco and tips for quitting on  

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