The negotiations were part of the consensus that the ministry is trying to get from key stakeholders to support the Act.
“We have reached a consensus and have come up with an initial draft,” Senior Health Officer Tuduetso Ramokate said yesterday.
The new Act is meant to provide a comprehensive tobacco control regime unlike the previous one.
Key stakeholders in the discussions are the Ministry of Trade and Industry, Botswana Bureau of Standards (BOBS) and the Attorney Generals (AG) chambers.
Ramokate said (CSA 1992) did not cover issues like packaging and labelling prescriptions, comprehensive bans on advertising, promotion and sponsorships, taxation of tobacco products and licensing requirements amongst others.
The Tobacco Products Control Bill would feature some of these issues.
“The Bill requires licensing of all tobacco dealers in the tobacco industry,” Ramokate said.
In the previous consultations, officials from the trade ministry questioned how the packaging of tobacco products would be done under the new legislation.
However, it was agreed that the BOBS should decide on the packaging of tobacco products.
The officials also raised concern that the new Act would have an impact on bilateral trade between Botswana and South Africa because Botswana’s imports, which include tobacco products, come from South Africa.
She said that they have not made any special agreement with the Ministry of Trade and Industry.
“What has come out as a consensus with all the stakeholders is the need to improve on a lot of aspects of the Control of Smoking Act,” Ramokate said.
The consultations on the new Act are a culmination of consultations that started in 2001, which led to the appointment of advocate Philip Karugaba to incorporate the views of the stakeholders.
The consultations came about because there was dissatisfaction with the 1992 Act hence there was a need for a new legislation.
The Act proposes to establish a five person Tobacco Control Board, with members serving on part time basis.
Is also proposes to maintain the existing total ban on all forms of tobacco advertising.
“The Bill proposes generic packaging with strong pictorial and rotational health messages and package insert,” she said.
In the previous consultations, the then Head of Environmental Health, Bontle Mbogwe said that the packaging should not be attractive to tobacco users. She instead suggested that tobacco containers should be white and have pictures of burnt teeth.
Ramokate said that after consultations, they maintained that prohibition on sales should be maintained to persons under the age of 18.
“If this provision would be enforced it may have the undesirable effect of making tobacco products more appealing to the youth,” she said.
She added that the Bill proposes to prohibit sales of tobacco products only to the licensed places.
She also revealed that the CSA 1992 has some shortcomings like prohibiting smoking in working places, which could only be bettered through a government directive.
The Act empowered employees to complain to their employers, but it was difficult if it was the employer smoking.
However, the 1992 Act was only successful in the advertising ban, but the current issue is cross border advertising, which is not subject to national legislation,” Ramokate said adding that; “the tobacco industry is also finding a way of this prohibition by brand stretching”.
Ramokate revealed that the central flaw of the CSA 1992 appeared to have been the enforcement mechanisms.
