Ezulwini – A proposed fine from E30 000 up to E50 000 for repeat tobacco law offenders may be too small to stop violations, with stakeholders calling for much harsher penalties, including prison sentences of up to five years.
The concerns were raised during a consultative meeting on the draft Eswatini Tobacco and Related Products Bill, 2026, held at the Bethel Court Hotel, on September 10,2026, where participants argued that the penalties proposed under the new law did not carry enough weight to effectively deter offenders.
The Bill, which is still expected to go before Parliament for legislators to debate and have their say, proposes sweeping restrictions on tobacco and related products, including a ban on advertising, promotion and sponsorship, stricter smoke-free zones and rules on where tobacco products may be displayed and kept.
Under the proposed legislation, smoking would also be restricted within certain public areas, with participants noting that a distance of about 30 metres from other people was among the measures being discussed to protect the public from exposure to tobacco smoke.
The draft law further seeks to ensure that tobacco products are not kept or displayed in a manner that attracts or encourages people to smoke, particularly young people and potential new users.
One consultant used Ezulwini Gables as an example during the discussions, saying a visit to the area could provide a clear picture of the reality of smoking in public spaces and why stronger controls were needed.
“You go to Ezulwini Gables and you will see the reality of smoking,” the consultant said while discussing the need for effective enforcement of the proposed law.
Stakeholders, however, said enforcement would remain weak if the penalties were not severe enough.
Under Part 4 of the Bill, all forms of tobacco advertising, promotion and sponsorship would be prohibited. An individual convicted of a first offence could face a fine not exceeding E30 000 or imprisonment for up to three months.
For repeat offenders, the proposed penalty increases to a fine not exceeding E50 000 or imprisonment for up to one year.
However, participants said the proposed jail terms were particularly too lenient and could fail to discourage repeat offenders.
Some argued that an offender could even choose to serve a short prison sentence rather than pay a heavy fine, making the punishment ineffective.
They called for first-time offenders to face up to three years in prison, while repeat offenders should face sentences of up to five years to ensure that the law carries stronger consequences.
Corporate entities found guilty under the proposed legislation could face fines of up to E100 000 for a first offence, increasing to E500 000 for subsequent offences. Their trading permits could also be suspended or revoked.
The proposed Tobacco and Related Products Bill is part of efforts to strengthen Eswatini’s public health laws and replace the 2013 Tobacco Products Control Act.
The legislation comes amid concerns about the financial burden tobacco-related illnesses place on the country. Tobacco smoking is estimated to cost taxpayers about E64 million annually in healthcare expenditure.
Participants also heard that prevention efforts could cost an estimated E183 million over a 15-year period, highlighting the long-term financial consequences associated with tobacco use and related diseases.
The Bill introduces broader smoke-free areas and stricter controls on tobacco packaging, supply and promotion, while also proposing the establishment of a dedicated Board to regulate the tobacco and related products industry.
Stakeholders said while they supported the tougher measures contained in the Bill, penalties would need to be significantly strengthened if the legislation was to effectively discourage violations.
The proposed law will now proceed through further processes before being presented to Parliament, where legislators will have an opportunity to debate the Bill and determine whether the proposed penalties and restrictions are strong enough to protect public health.
Discussion about this post