Masters Degrees (Public Law)

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Browsing Masters Degrees (Public Law) by browse.metadata.advisor "Oosthuizen, Pieter G."

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    A critical comparative study on the formulation of the South African Health Promotion Levy to achieve its policy objectives
    (Stellenbosch : Stellenbosch University, 2020-12) Maritz, Ashley; Oosthuizen, Pieter G.; Stellenbosch University. Faculty of Law. Dept. of Public Law.
    ENGLISH ABSTRACT: The prevalence of obesity and obesity-related non-communicable diseases has increased significantly over recent decades, and South Africa is currently experiencing an obesity epidemic. In addition to causing millions of deaths globally, these health issues impose a large burden on public healthcare in low- and middle-income countries particularly, and reduce overall productivity. The World Health Organisation (“WHO”) has recognized the need for government intervention in this context, and has identified fiscal measures as a potentially useful tool in obesity-prevention efforts. There are a number of factors that contribute to the relevant health concerns, including the increased affordability of unhealthy foods and beverages. The rationale for taxes on sugar-sweetened beverages or other unhealthy foods is that they lead to increased costs and thereby make unhealthy diets less affordable, which could lead to health improvements. In this context, a tax on certain sugar-sweetened beverages has been implemented in South Africa since 1 April 2018, titled the “Health Promotion Levy” (“HPL”). While the link between dietary risk factors and particularly excessive sugar consumption has been well-established, the extent to which such fiscal measures effectively reduce sugar consumption and lead to health outcomes is less evident. Further, the WHO has stressed that fiscal measures need to form part of a broader policy framework in order to emphasize health outcomes. This thesis briefly discusses a number of these other interventions in the broader policy framework, and comments on the development of such interventions in South Africa. Although a number of jurisdictions have implemented fiscal measures to pursue health objectives, the appropriateness of taxes on sugar-sweetened beverages has been criticised. While taxes are predominantly used for revenue generation, they could also be used specifically to discourage certain behaviour, to enhance economic growth, and for the redistribution of wealth. With reference to various criticisms of fiscal interventions, this thesis compares the formulation of the HPL with those of similar taxes implemented in Denmark, Hungary, Mexico, the United Kingdom and the United States of America. With reference to this comparative study, it is critically considered whether the current formulation of the HPL is consistent with its stated objectives. The success of fiscal measures to reduce consumption is considered alongside their potentially undesirable effects on overall dietary quality as well as other policy objectives of economic growth and redistributive goals. Lastly, this thesis offers suggestions on how the formulation of the HPL could be amended, and how the development of other interventions should be used to ensure sustainability for the HPL, and to strengthen its health objective.