This discussion document, published by the Department of Trade, Industry and Competition (the dtic), serves to invite comment on the proposed track and trace regulations considered for publishing by the Minister, on the recommendation of the National Consumer Commission (NCC), in terms of section 120(1), read with section 24, of the Consumer Protection Act, 2008 (Act No. 68 of 2008).
The illicit trade in tobacco, alcohol, pharmaceuticals, food and consumer appliances poses serious risks to South African consumers and the national economy. According to the South African Revenue Service (SARS), illegal trade costs South Africa R100 billion a year and is one of the biggest threats to national stability and economic growth. For example, illegal trade in cigarettes cost the fiscus billions in lost excise revenue as evidenced by the estimated R18 billion lost in 2022. Additionally, counterfeit medicines as well as unregulated foodstuffs and appliances endanger public health. In Africa, counterfeit or substandard medicines reportedly cause over 100 000 deaths annually, with the United Nations estimating that trafficked or fake medical products result in half a million fatalities annually in sub-Saharan Africa.
For decades, South Africa’s consumer-protection framework lacked a comprehensive track-and-trace system, relying on an antiquated excise diamond stamp for cigarettes and general labelling rules under the Consumer Protection Act, 2008 (Act No. 68 of 2008) (the CPA). As the NCC’s enabling statute, the CPA contains broad powers to protect consumers from deceptive practices. Section 24 authorises the Minister to require prescribed goods to bear specified trade descriptions, including country of origin and other information. Section 60 permits the NCC to recall unsafe products, and sections 85–88 enable the establishment of a national commission with enforcement authority throughout South Africa. The proposed track-and-trace regulations build on those powers by mandating a modern, coded labelling regime.
This discussion document does not replace the legislative process instead, it provides an informal platform for engagement. Commenting on it or participating in the discussion does not prevent members of the public from commenting on or participating in consultations on the draft regulations once they are published in the Government Gazette.
Written input on the discussion document must be submitted within 35 calendar days. Submissions may be e-mailed to Ms Millicent Zwimbane at: Consumers@thedtic.gov.za or mzwimbane@thedtic.gov.za no later than 11 December 2026. The proposed regulations are attached as annexure A.
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