Take Action Against Those Who Break the Law

Every individual has the right to a smoke-free environment. South African legislation is very clear about where smoking is prohibited. It is your right to complain when someone smokes in your presence and to take remedial steps if someone smokes in any area where smoking is prohibited.

The following are guidelines in the event of any individual deciding to lodge a complaint against someone smoking in a prohibited area:

1. Request the owner or manager | supervisor of the specific area to deal with the individual(s) who transgress current legislation. Smoking is NOT permitted on premises such as schools, crèches or private dwellings that are used for child care or schooling.
2. If the owner | manager | supervisor refuses to assist you, or allows the illegal smoking to continue, you are entitled to take the matter further.
3. Take a photograph (your cell phone will do) of the smoking that is taking place – try to take the photograph to include in the photograph one or other feature that will assist in identifying the venue.
4. Report the incident to the Environmental Health Officer of the particular Local Authority – he has the authority to act under the Criminal Offences Act. There are various prescribed penalties.

Unresolved Complaints or Queries

CANSA is not able to enforce the law. Please report this to the Environmental Health Office, as they are able to enforce the law. Alternately contact your local Ward Councillor.

Click here to read key points in the latest amendments to SA’s tobacco control laws and for information regarding penalties for those who break the law.