The Gauteng Provincial Government says it accepts the findings of the Public Protector’s investigation into food safety and the regulation of spaza shops, acknowledging significant gaps in health inspections while committing to strengthening enforcement against illegal business operations.
The Public Protector’s report found that informal businesses, particularly spaza shops, are increasingly dominated by foreign nationals, with South African citizens facilitating some of these operations. The report also identified weaknesses in the enforcement of existing regulations, particularly the failure to conduct routine health inspections, creating regulatory gaps that have allowed some informal food businesses to operate without adequate oversight..
Among the key intended findings is that environmental health inspections have not been conducted at the frequency required by law, creating regulatory gaps that have allowed some informal food businesses to operate without adequate oversight.
The investigation also found weaknesses in coordination among various government institutions responsible for regulating the informal food sector, contributing to inconsistent enforcement and compliance monitoring.
The Public Protector said the matter is of significant public interest, particularly in light of ongoing concerns about food safety and public health.
“The issues are systemic in nature and are of great public interest and importance to the people of South Africa,” Gcaleka said.
Responding to the findings, Gauteng Provincial Government spokesperson Elijah Mhlanga said the report confirms concerns that have already been identified by the provincial administration.
“The Public Protector did not mince her words when she said immigrants are dominating in the space and that they are being aided by South Africans,” Mhlanga said.
He said the provincial government has already established an intergovernmental forum to coordinate efforts among different spheres of government responsible for regulating informal businesses.
“We have established the intergovernmental forum to determine who should be responsible for specific interventions. Following those engagements, municipalities launched campaigns to crack down on illegal operations,” he said.
Mhlanga acknowledged that the Public Protector had highlighted a critical shortage of environmental health inspections, which has allowed some businesses to operate outside the law.
“The challenge identified by the Public Protector is the absence of health inspections to monitor compliance. Regulations require that every spaza shop be inspected four times a year. If that is not done, illegal activities can continue unchecked,” he said.
He added that the provincial government intends to use the report’s recommendations to motivate for additional funding.
“We have now been instructed to close this gap, and we will take advantage of these findings to make a presentation to the National Treasury for additional resources to strengthen inspections,” Mhlanga said.
According to the provincial government, efforts to improve oversight of informal businesses are already underway. Mhlanga said provincial departments meet daily to address service delivery challenges and coordinate enforcement initiatives.
“There shouldn’t be a spaza shop owner operating illegally and comfortably. We have also integrated law enforcement across the province, as highlighted by Premier Panyaza Lesufi,” he said.
The Public Protector’s investigation followed public concern over food safety, the regulation of spaza shops, and the enforcement of municipal by-laws. Among its findings, the watchdog called for stronger collaboration between national, provincial and local government, increased health inspections, improved regulatory compliance, and enhanced enforcement against illegal business operations.
The Gauteng Provincial Government says it will implement the recommendations and strengthen oversight to ensure food safety standards are upheld while addressing unlawful trading practices.