Renthia Kaimbi
Namibia’s proposed amendments to the Tobacco Products Control Act could see the sale, distribution and use of e-cigarettes, vaping products, hookahs (hubbly bubbly) and oral nicotine pouches prohibited, while smoking restrictions around public places could extend to a 50-metre radius.
The proposed Tobacco Products Control Amendments Bill of 2026 is aimed at strengthening protections against the health and environmental effects associated with tobacco and emerging nicotine products, including electronic cigarettes, heated tobacco products, hookah and oral nicotine products.
However, stakeholders who participated in the National Public consultation at the Khomasdal Community Hall on Tuesday raised concerns over whether an outright prohibition is the most appropriate approach, warning that banning products that are already circulating could drive the market underground.
The bill defines prohibited products broadly to include e-cigarettes, vapes, vaping devices, disposable vapes, cartridges, pods, tanks, refills, liquids and other electronic nicotine or non-nicotine delivery systems.
It also covers heated tobacco products, nicotine and tobacco-free nicotine pouches, as well as oral and nasal nicotine products such as powders, beads, gum, lozenges, strips, tablets, gels and dissolvable products.
Waterpipe delivery systems, including hookah and shisha, are also included.
Under the proposed legislation, the prohibition would extend beyond the sale of such products to activities including manufacture, importation, exportation, storage, transportation, distribution, supply, advertising, promotion and sponsorship.
Stakeholders questioned whether complete prohibition could have unintended consequences, particularly by creating an illicit market for products that consumers are already able to obtain.
One stakeholder argued that “complete prohibition can lead to illicit trade”, while another questioned the consistency of promoting a smoke-free environment while seeking to prohibit products such as nicotine pouches, which do not produce smoke.
The bill provides for severe penalties for contraventions relating to prohibited emerging tobacco and nicotine products.
A person who contravenes the relevant provisions, or assists, counsels, procures or attempts to commit an offence, could face a fine of up to N$500 000, imprisonment for up to 10 years, or both.
For possession or use solely for personal use, the proposed penalty is a fine of up to N$50 000, imprisonment for up to two years, or both.
Authorised officers would also be empowered to seize prohibited products and related items, with courts able to order their forfeiture or destruction.
The proposed amendments would also strengthen restrictions on exposure to tobacco smoke in and around public places and workplaces.
The stakeholder engagement raised particular concern over the proposed 50-metre exclusion zones, with representatives from the hospitality and retail sectors questioning how the requirement would affect businesses, customers and employees.
Industry representatives argued that the distance requirement could have practical implications for establishments where workers and customers would be required to comply with restrictions extending beyond the immediate premises.
Questions were also raised about the evidence supporting the proposed treatment of vaping products.
While the presentation stated that there is no evidence that vaping products are a safer alternative to conventional tobacco products, stakeholders questioned what evidence exists to demonstrate that vaping is harmful and whether different emerging products should be treated in the same manner.
Deputy director of public and environmental health at the ministry of health and social services, Gabriel Joseph summed up the concern by saying: “As a country, we feel it’s better to ban what we cannot control.”
The ministry said the stakeholder consultations form part of efforts to review emerging tobacco and nicotine substances and the challenges they present, while determining whether the Tobacco Products Control Act 1 of 2010 remains fit for purpose.
The review is particularly focused on addressing developments involving vaping, hookah and other emerging products that were not adequately covered when the existing legislation was enacted.
The proposed amendments seek to bring Namibia’s tobacco-control framework in line with the World Health Organisation Framework Convention on Tobacco Control, while extending protections to cover newer forms of tobacco and nicotine consumption.
The bill also proposes broader enforcement powers, with authorised officers including members of the Namibian Police, environmental health practitioners, Namibia Standards Institution officers, Customs and Excise officials and other qualified persons empowered to enforce the legislation.
Stakeholders have until 22 September to submit written comments to the task force as the consultation process continues.
The submissions are expected to inform further consideration of the proposed amendments before the bill proceeds through the legislative process.
