SMOKERS AREN’T THE ONLY ONES WHO SMOKE

Abstract

The intentional exposure of minors to environmental tobacco smoke is a serious concern. The State is obliged by international obligations and the dictates of the Bill of Rights to manage this conflict of interest between smokers and minors. The risk to minors must, as a result, be mitigated through the introduction of legal limitations on the scope of the “rights” of smokers who, by their actions, intentionally expose minors to harm. The Tobacco Products Control Act has introduced a restriction on smoking in motor vehicles where minors younger than 12 are present; however, the responsibility for the enforcement of this restriction is not only vague, but also ineffective. Owing to the nature of the restriction, it is submitted that the Regulations to the National Road Traffic Act are the appropriate means to enforce compliance with this restriction on smoking in vehicles.