Premier Panyaza Lesufi reveals what the law says about who can open a Spaza Shop in South Africa amidst food poisoning crisis

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Gauteng Premier Panyaza Lesufi has addressed the escalating concerns surrounding food-borne illnesses and deaths linked to spaza shops in the province, outlining both the legal framework governing their operation and the government's multi-pronged intervention strategy.

The announcement follows a series of tragic incidents, including the recent death of 11-year-old Lesedi Mulaudi in Alexandra, which has ignited calls for stricter regulation of spaza shops, many of which are operated by foreign nationals.

Last week we reported on residents of Alexandra demanding the closure of spaza shops following Mulaudi's death. This incident, one of many, underscores the urgent need for action. Gauteng authorities have reported a staggering 441 food contamination incidents since January alone, resulting in 23 deaths, the majority involving children aged six to ten.

Ekurhuleni has reported the highest number of incidents, followed by the West Rand, while Johannesburg reported the most fatalities, followed by Ekurhuleni. Seven post-mortem results from the 19 deaths tested positive for organophosphate poisoning.

In response to this crisis, Premier Lesufi convened a meeting on Sunday with members of the executive council, executive mayors, members of mayoral councils (MMCs), speakers, chief whips, heads of department, and municipal managers. The meeting focused on implementing and enforcing by-laws and regulations for spaza shop operations.

“We all agreed that addressing these issues requires a comprehensive approach involving stricter regulations, better enforcement of existing laws, and increased public awareness about the potential dangers associated with purchasing from unregulated spaza shops and informal traders,” Lesufi stated.

The premier emphasised the crucial role of municipalities in enforcing by-laws and overseeing the informal sector. He outlined several immediate interventions agreed upon at the meeting, including: stricter enforcement and compliance with regulations; implementation of food safety education and awareness programmes; training for spaza shop owners and staff on proper food handling, storage, and cooking techniques; regular health inspections by local health authorities; and community awareness campaigns to educate customers about food safety and reporting unsafe practices.

"Law enforcement will move with speed to close shops that do not comply," Lesufi added.

Lesufi also addressed the question of who is legally permitted to operate a spaza shop in South Africa. In a Monday interview on Newzroom Afrika, he clarified that, under current laws, anyone legally residing in South Africa is permitted to open and operate a spaza shop.

Responding to a question about licensing criteria, he stated, “Whoever that is here, legally and who has the capacity to run it (including foreign nationals) if they are here legally.”

He further elaborated on the legal nuances, stating: “Remember, if you are here for a specific purpose, for example as a refugee, there are many things you can’t do. That is the reason why we believe we need to intervene there. If you are here with full citizenship, there are things that you can do and there are things that you cannot do – for example you cannot participate in some of the activities of voting or being a representative in Parliament. It is the segmentation that we really need to strengthen. These by-laws assist us with that.”

The premier also announced that Gauteng MEC for Economic Development, Lebogang Maile, and all MMCs will develop a template for the re-registration of businesses, particularly those implicated in the illnesses and deaths of children. This initiative aims to ensure that all spaza shops operating within the province meet the necessary health and safety standards.


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