Is Vaping Indoors Legal in South Africa After the 2026 Law Changes?

No, vaping indoors in South Africa is prohibited under the Tobacco Products and Electronic Nicotine Delivery Systems Control Act (Act 12 of 2024), which treats vaping products as tobacco substitutes. The law aligns with the WHO Framework Convention on Tobacco Control, enforced by the National Council Against Smoking (NCAS) and provincial environmental health departments. Private residences are exempt, but public indoor spaces, workplaces, and public transport remain restricted. Non-compliance risks fines up to R50,000 or imprisonment for repeat offenders.

Key Regulations for Vaping Indoors in South Africa

  • Public Indoor Spaces: Vaping is banned in all enclosed public areas, including bars, restaurants, and shopping malls, mirroring tobacco restrictions. The Act defines “public” broadly to include semi-public spaces like office lobbies.
  • Workplace Liability: Employers must enforce no-vaping policies in indoor work environments, with penalties for non-compliance under the Occupational Health and Safety Act. Electronic nicotine delivery systems (ENDS) are treated identically to tobacco products.
  • Transportation: Vaping is illegal on all forms of public transport, including taxis, buses, and domestic flights, per the Civil Aviation Regulations and Road Traffic Act amendments effective 2025.