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ArthurSA

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  1. My apologies, a correction. That link is for the more recent second part of the Act Amendment. The first part that includes smoking in public places was passed, signed by Mbeki, and Gazetted, earlier. But it isn't enforceable until the second part is also Gazetted. That first part can be found here: www.info.gov.za/gazette/acts/2007/a23-07.pdf. You'll find the new fines in that doc, but not the "25% rule". Because that will be amongst the detail that will be prescribed by the Minister (Department of Health).
  2. Answer: Bide your time. It won't be long before such places are in for a very rude awakening. There are very many pubs and (although less common) restaurants that are breaking the Law that has been in place for several years. Whether because of the "25% maximum area for smoking" rule, or (much more common) not having a totally separately ventilated smoking area that expels to the outside and that has a closing door or doors. Or other aspects of the current Law. But at the present, don't waste your time reporting it. To whoever. Because the fines are so small (typically R200) that magistrates have thrown out most of the few cases that have been heard. It's felt their time can be better spent. Now for the good news. After being passed earlier this year by both Parliament and the NCOP (the National Council of Provinces, the "lower house") and then Parliament again (last month) the much-revamped Tobacco Products Control Amendment Bill [b7D-1008] just has to be signed by the State President and then Gazetted. (Download it at www.polity.org.za/article.php?a_id=145327.) That may still take a while, this has dragged on for literally years, but it shouldn't be long now. Aside from many changes. including making any covered (not necessarily enclosed) area part of the area for the 25% calc, the fines are going to be tens of thousands of Rands, not a couple of hundred. THEN we should see some attention being paid! (I'm not a cyclist, but I came across this thread.)
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