Gauteng’s new spaza shop by-laws: a necessary move amid rising food safety concerns

Policemen during an inspection of spaza shops in Kwazakhele, Gqeberha, on 11 Novembe 2024. (Photo: Gallo Images / Die Burger / Lulama Zenzile)

By Lerato Mutsila and Bheki Simelane

13 Nov 2024

The Gauteng government’s plan to act on new by-laws and enforce stricter regulations for spaza shops has been welcomed in the wake of recent food poisoning incidents. While the steps may be necessary to address the crisis, spaza shop owners, civil society and political parties are concerned about capacity constraints.

With more than 441 food contamination incidents allegedly linked to spaza shops that have killed 23 people, mostly children, since the beginning of the year, Gauteng Premier Panyaza Lesufi’s announcement that new by-laws and stricter regulations will govern how spaza shops are operated in the province has been widely welcomed.

The by-laws, which Lesufi said had been formally adopted, will focus heavily on comprehensive inspections, the enforcement of stricter health and safety protocols and the re-registration of spaza shops.

Speaking on eNCA, Lesufi said the provincial government had given itself a deadline of 1 December to re-register spaza shops. Once the deadline has passed, shops without a licence will not be permitted to operate.

The government plans to regulate the critical industry, which has operated relatively unchecked for the past three decades, while also being sensitive to the disruption the enforcement of the by-laws would have on the income and access to essential foods for largely vulnerable and marginalised communities.

spaza shop inspection An inspection of a spaza shop in Naledi, Soweto on 14 October 2024. This followed the deaths of six children allegedly after eating suspected poisoned food. (Photo: Gallo Images / Fani Mahuntsi)

The announcement of the new by-laws and increased focus on enforcement has raised some concern among civil society organisations and spaza shop owners. This was only exacerbated by ANC Secretary-General Fikile Mbalula’s call on the government to shut down spaza shops as part of the re-registration drive.

During a media briefing on Friday, 8 November 2024, Mbalula said, “Let us not cry foul as if we are not in power, we must act. Let the spaza shops close down and then open them through the regulatory framework that we have got.”

According to the quarterly Labour Force Survey (QLFS) released by StatsSA on Monday, the informal sector employs about 3.3 million people, many of whom either own or work in spaza shops or as street vendors. The widespread closure would have an immense effect on the people who depend on spaza shops and other informal traders.

Read more: Tragic deaths of six Soweto children linked to lethal organophosphate poisoning – investigation ongoing

Anxiety over possible closures

Spaza shop owners and workers in Soweto are on edge about the potential government-mandated closures. They fear that the process will threaten their livelihoods and cast a long shadow of uncertainty over the sector.

“No ways, this business is my only income. I am a single mother. My children and I depend on the business. We cannot afford to close unless the government compensates us for that period,” said a South African shop owner, 38-year-old Phumudzo Phampa from Chiawelo in Soweto.

“What the government should be doing is removing all the red tape which is discouraging many young South Africans from operating their own shops,” said Phampa.

“We are not killing the children. It’s not right to close the shop. It’s a problem,” said 28-year-old Musei Edauo, an Ethiopian shop operator.

Edauo said his boss had ordered him to remove packaged, unlabelled snacks from the shelves. He said he was terrified at the prospect of the closure of shops as he would be left jobless.

“I will not have a job. I will also not be able to return to Ethiopia. Even if I was able to return to Ethiopia, I will die of hunger even before I go because what will I eat?” Edauo said.

“We removed the packaged snacks. But if the government closes the shop it’s not good because the people will suffer,” said 21-year-old Elias Mejeles, an Ethiopian national.

Read more: ‘We will starve to death’ — communities’ plea after foreign shop operators face expulsion

“I do not feel okay about the closure of shops because it’s not something which we will agree to. If the government finally wants to do something, they must deal with the affected and non-compliant shops and not interrupt other businesses,” said 65-year-old Joyce Baloyi, a South African spaza shop operator.

Ljsen Trkaso, a 24-year-old shop operator from Ethiopia, said he was terrified because he might lose his job if his shop closed.

“How long will we be closing for and how will I survive that period without work?” Trkaso said.

“It’s a big job for the government, maybe they will decide to abandon the idea,” he said.

Fatima Sithole, 22, who is employed in Trkaso’s shop as a cook, said the thought of the shop closing terrified her.

“This job is helping me raise my kids, I don’t have any other income. I’m terrified to think that the shop could close if the government’s wish materialises,” Sithole said.

Opposition to potential closures

National Informal Traders Alliance of South Africa chairperson Rasheda Muller expressed concerns during an interview with Daily Maverick over Mbalulua’s calls to close stores.

“If they do that, they are going to harm not only the economy, but they are going to harm the township communities. We must not forget about the value that spaza shops have brought to the township.

“As informal traders, we developed personal relationships with our customers and got to know our buyers. Because of this, the informal economy became tailor-made to the needs of the township residents,” Muller said.

spaza shop raid Policemen during an inspection of spaza shops in Kwazakhele, Gqeberha on 11 November 2024. (Photo: Gallo Images / Die Burger / Lulama Zenzile)

Democratic Alliance national spokesperson Wille Aucamp told Daily Maverick that the party did not support the blanket shutdown and re-registration of all spaza shops.

“We believe this approach is legally and practically flawed, creating unnecessary burdens for small business owners instead of addressing the core issue of food safety. Constitutionally, every citizen has the right to choose their trade, occupation or profession freely, and the government has a duty to respect, protect and promote this right,” Aucamp said.

The DA spokesperson said that forcing the closures would unfairly affect compliant and legally licensed spaza shops, undermining livelihoods and local economies.

Formalising the township economy

Amid the rising concerns, Gauteng provincial spokesperson Vuyo Mhaga told Daily Maverick that the regulations aimed to formalise the township economy and help township-based businesses with infrastructure, financial support and other support to make them profitable.

“The township-based businesses will have to reapply, but that process will happen after intense consultation with township-based businesses. That consultation will include education around health and safety standards, designated areas of operation and operational hours,” Mhaga said.

He said different by-laws in various municipalities made it difficult for different spheres of government to enforce regulations.

“Now that by-laws are uniform, that will help SAPS, Gauteng law enforcement agencies and health compliance officers to be deployed where there is a need to enforce the laws,” he said.

Capacity concerns

A big question that also looms over the plan to address health and safety concerns is whether the province has the capacity and resources to undertake widespread regulation.

Muller praised the government for its active response in the aftermath of the widespread food poisoning incidents. However, she added, it should have been proactive about addressing the issues surrounding food safety and adherence to by-laws a long time ago.

“I think government didn’t have the capacity to monitor, to inspect [because they didn’t have enough] health inspectors enlisted. These spazas were increasing in the townships and that wasn’t being dealt with. They are awake now, but they should have been wide awake long ago,” Muller said.

She said she was still sceptical about whether the government had the capacity or the resources to implement the by-law enforcement project effectively and efficiently in a manner that strengthened the economy.

The scarcity of health inspectors is chief among these concerns. Daily Maverick previously reported that there were only 16 health inspectors assigned to oversee 19 wards in Region D1 Soweto. The global health standard requires that there be one inspector per 10,000 people.

Read more: Dearth of health inspectors in Soweto ‘jeopardises safety of our children’

The DA released a statement on Sunday lamenting the shortage of environmental health practitioners.

The party said that the latest figures showed that SA only had 1,712 environmental health practitioners as opposed to the 6,203 required to adequately enforce health standards, educate businesses and conduct inspections.

“Rather than implementing sweeping shutdowns, the government should strengthen the Department of Health and local municipalities’ capacity to conduct regular, thorough inspections. The government must prioritise hiring and deploying [environmental health practitioners] in high-density areas to ensure public health and safety while collaborating with vendors to meet food safety standards,” Aucamp said.

Daily Maverick asked the provincial government what plans had been put in place to address the health inspector shortage, but did not receive a response by the time of publication.

Muller believes collaboration between the government and informal trade organisations could be key to addressing Gauteng’s lack of inspectors.

“Government cannot do it alone. So we are stretching our hands out for partnership. If we are able to organise and have a relationship with government, we will be able to assist them in the monitoring and evaluating, but for this to happen, there needs to be a budget and they need to supply us with resources,” Muller said. DM

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Anxiety over possible closures

Opposition to potential closures

Formalising the township economy

Capacity concerns