A numerical error in the text of the Tobacco Products Control Act of 2010 has effectively terminated the Ministry of Health and Social Services’ short term plans to implement strict anti-smoking legislation to protect society against the health hazards associated with smoking in public. Informanté has it on good authority that Section 2 of the Act makes provision for the appointment of “twelve” members of a Tobacco Products Control Committee, but Section 3 (1) of the Act states the total members to be “thirteen”.
The Chief of Health Programs in the Ministry of Health and Social Services, Brendon Maloboka, confirmed last week Friday that the Ministry will now rectify this oversight by means of an amendment to the Tobacco Products Control Act, but when this legal process will be completed remains unknown. Maloboka is also on record that the regulations to determine the practical and administrative application of the Act are also not yet finalised.
“I can’t tell. There are still many things. We are waiting for the regulations and related amendments,” Maloboka reacted when he was contacted by Informanté. When asked to be more specific with regard to amendments, Maloboka explained that the term “twelve” needs to be replaced by the term “thirteen” where references to the number of members of the Tobacco Products Control Committee appear. This was the only specific example he mentioned.
“We are busy through the legal department of the Ministry of Health and Social Services to draw up an amendment Act. Once completed it will be reviewed by the Ministry of Justice,” Maloboka explained. Only then can the Amendment Act be tabled in the National Assembly by Health Minister Richard Kamwi.
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