Public Protector Advocate Kholeka Gcaleka addressed the media on Friday, where she released preliminary findings of a systemic investigation into food safety failures at informal food outlets.
Image: Tumi Pakkies/ Independent Newspapers
The Public Protector has found evidence suggesting that Gauteng municipalities are failing to adequately enforce food safety and hygiene regulations at spaza shops and other informal food outlets, raising concerns about public health following a series of child deaths linked to suspected food poisoning incidents.
Releasing a Section 7(9) notice on Friday as part of a systemic investigation into food safety compliance, Public Protector Advocate Kholeka Gcaleka said the probe was launched after several schoolchildren died and others fell ill after consuming food products purchased from informal traders.
“It is crucial, considering that it was widely reported, it is a matter where we actually lost lives as a country, which included the lives of children,” Gcaleka said.
“We considered that this is a matter that required a systemic approach rather than an approach to just the individual incidents.”
The investigation sought to determine whether local government was effectively enforcing food safety and hygiene standards in the informal business sector, including spaza shops, hawkers and food preparation premises, and whether provincial and national departments were fulfilling their oversight responsibilities.
According to the Public Protector, evidence gathered during the investigation points to significant shortcomings in municipal capacity and compliance monitoring.
“Statistical evidence at our disposal indicates that all municipalities within the Gauteng Province do not meet the World Health Organization and the National Environmental Health Norms and Standards capacity ratio for environmental health practitioner employment,” Gcaleka said.
The norms recommend one environmental health practitioner (EHP) for every 10,000 residents. However, the investigation found that Gauteng municipalities are operating far below that benchmark.
“The entire province is functioning at less than 30.3% of the required EHP staffing capacity,” she said.
Johannesburg was found to be operating at only 50% of the required EHP capacity, while Ekurhuleni and Tshwane were functioning at 23% and 21% respectively. Sedibeng and the West Rand district municipalities were found to be operating at just 16% and 18% of required staffing levels.
The shortage has raised concerns over municipalities' ability to conduct regular inspections of food handling premises as required by law.
The investigation also uncovered widespread non-compliance among spaza shops operating across the province.
“The City of Ekurhuleni has the worst compliance rate of 5%, followed by the City of Johannesburg at 14% and the City of Tshwane at 30%,” Gcaleka said.
“For the entire Gauteng Province comprising other districts such as Sedibeng and the West Rand, the compliance rate is 28%. This means that across Gauteng, for each licensed permitted spaza shop there are almost three unlicensed spaza shops that are operational.”
The Public Protector further found that municipal licensing and regulatory systems are not functioning effectively, creating opportunities for businesses to operate without meeting required food safety standards.
The notice also highlighted a lack of coordination between business licensing authorities and tax compliance processes.
“Spaza shop owners who fall within the tax net must register for income tax with the South African Revenue Service to trade legally. However, there is no apparent coordination between the business licensing and tax verification compliance processes, thus leaving room for tax evasion and other related contraventions,” the report states.
The investigation additionally examined the ownership profile of spaza shops in Gauteng and found that foreign nationals operate a significant share of businesses in the sector.
Of the approximately 12,737 operational spaza shops across Gauteng's three metropolitan municipalities, about 7,071, or 56%, are operated by foreign nationals.
However, Gcaleka stressed that South African law does not prohibit refugees and asylum seekers from running spaza shops.
“A full square reading of the Supreme Court of Appeal judgment in Somali Association of South Africa versus Limpopo Department of Economic Development, Environment and Tourism indicates that no identifiable law prohibits refugees and asylum seekers from operating spaza shops in South Africa,” she said.
The Public Protector said the findings indicate that several government entities may have failed in their duty to safeguard consumers from unsafe food products.
“The growing threat to public health posed by expired and decayed food in the markets requires urgent and thorough investigation,” Gcaleka said.
“Multiple government entities, from municipal health departments to national regulatory bodies, may have failed in their duty to protect consumers and uphold food safety standards, and the people of South Africa deserve accountability and protection from those entrusted with safeguarding their health and safety.”
The Section 7(9) notice has been issued to affected municipalities, government departments and public entities, which have been given an opportunity to respond before the Public Protector releases a final report and determines whether maladministration or improper conduct occurred.
Gcaleka emphasised that the notice does not constitute the final findings of the investigation.
“This doesn't mean that this is the final report. We will consider their inputs,” she said. “However, they are very well aware of this investigation.”
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