The National Council Against Smoking says the private home is excluded from the reach of the law.
Peter Ucko says legislators, at the time of considering the amendments to the law, decided not to invade the private home.
As a result, domestic employees and children are not protected in these situations, "The fact that a private home is excluded from the ban on smoking in the workplace, it simply means people can continue to smoke in their private homes.
"In all other public places: any indoor area enclosed area and even partially-enclosed areas including the work place - smoking is banned. It's as simple as that."
President Jacob Zuma recently gave the amendments the official green light.
This means a number of restrictions on smokers, including a fine for the owners of restaurants, pubs, bars or offices who break the law.
Ucko says they'll be meeting with the Health Department to discuss provisions for domestic employees.
"We will recommend to parliament that smoking be banned in all work places, including the private homes because it is the work place of many neglected, vulnerable domestic employees."
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