Smoking a vice or a crime??

Draft regulations on smoking in public may be unconstitutional because the regulations were being made by executive decree, rather than through Parliament, the Law Review Project (LRP) said on Tuesday.

"This amounts to a direct violation of the constitutional requirement of separation of powers between the executive, legislative, and judicial authority," spokesperson Tebogo Sewapa said in a statement.

The LRP, a legal policy institute, submitted objections to the health department's proposals to ban all smoking in indoor public areas, and in many outdoor areas.

Sewapa said it was inappropriate for the executive to make the regulations, since it did not comply with provisions in section 195 of the Constitution, regarding required public participation and consultation.

"Substantive laws should be made subject to these and other Constitutional checks and balances necessary for quality of law purposes," he said.

The LRP believed the draft regulations showed there was no longer a legitimate desire to defend the rights of non-smokers, but rather act as a draconian intervention against those of smokers.

The health department should rely on common laws governing nuisance, property rights, freedom of association, and contracts.

"Smoking is a vice, not a crime, just as it is not a criminal offence to be obese, have reckless recreations, or be dishonest without committing fraud," he said.

The LRP questioned the regulations' drafting, since it appeared many provisions were either inappropriate or inappropriately formulated.

Sewapa urged Health Minister Aaron Motsoaledi not to proceed with the regulations, and refer them back for reconsideration.

The proposed regulations would criminalise smoking in any building, outdoor venue, public or private beach, outdoor drinking or eating area, park, walkway, parking area, or within 10 metres of any doorway or window.

i'm almost a year smoke free - the one bad thing about being able to use your nose again is smelling all the crap that is spoken on a racecourse - Luckily drinking can cloud that odourl!!

Maybe our government should concentrate on regulations to combat crime... ()

great news the filthy disgusting habit

We have rules against it all, but no-one to police it....
It's also illegal to litter...our police/traffic police like to play judges and decide what misdemeanours they should police...
Vehicles cause more pollution... :S
Never heard of anyone rolling up their car windows and smoking themselves to death.

Must say I have never smoked but heavy restrictions in UK we are still very easy in SA, the Afrikaans pub have a notice "this is a smoking pub" lol

I no longer smoke but am always intrigued as to why they are ALWAYS targetting smoking.

So long as smokers reasonably respect the rights of non-smokers I see no problem with it. ( Nowadays most smokers slink off like fugitives to guiltily puff their fags ).

If the authorities were really that committed to protecting the welfare of the nation then how come do they allow alcohol ( yes - I drink ) such a free ride by comparison?

I know of few individuals who feel moved to beat up their spouses or families after a cigarette, wipe out pedestrians or other motorists as a result of smoking or, worst of all, go home and liquidate their families after a cigarette.

100% with you Garrick...i can understand smoking in restaurants or in fact any public building or transport is offside, but once they want to ban smoking in parking lots and public parks etc then the priority which is the protection of non smokers falls away and shifts towards a witch hunt against all smokers who also have their rights..

The best place at a party is with the smokers....

Public parks!!! what public parks, have you seen the state of them.... :

gregbucks Wrote:

---

> Public parks!!! what public parks, have you seen
> the state of them.... :

The way things are going at the moment banning smoking in Public Parks would be like telling me I cant smoke at my place of residence :

my problem is that if you allow people to purchase smokes then how can you tell them where to use them - ban the sale outright then but this constant attack on smokers is silly -