Abstract:
Exposure to second-hand tobacco smoke (SHS) has been associated with several adverse
health effects including increased risk of lung cancer, heart disease and also asthma in
children. Hence, the WHO's Framework Convention on Tobacco Control (FCTC) obligates
parties to the Convention, to implement measures to protect all people from the exposure to
SHS. Even prior to signing the WHO FCTC in 2005, the South African government in 2001
implemented a regulation to restrict smoking in public places, including restaurants.3
However, the current regulation in South Africa allows for a designated ‘smoking area’. It is
pertinent to note that the enabling legislation provided for a ban in smoking in public places,
but also gave the Minister of Health powers to permit smoking in a prescribed portion of a
public place. The Minister at that time exercised these powers.
