Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Grace Bible Church gathers political leaders for prayer, urges acceptance of 4 November results

October 25, 2026

Africa’s first Pride march changed history; its message still matters today

October 25, 2026

Public interest law gathering to tackle land justice, migration and threats to human rights

October 25, 2026
Facebook X (Twitter) Instagram
Trending
  • Grace Bible Church gathers political leaders for prayer, urges acceptance of 4 November results
  • Africa’s first Pride march changed history; its message still matters today
  • Public interest law gathering to tackle land justice, migration and threats to human rights
  • The reinstatement of Lulama Oliphant: What a government spokesperson really is
  • Sebokeng grandmother secures title deed after years of dispute with brother-in-law
  • The ANC could pay the electoral price for a Home Affairs directive issued under a DA minister
  • Carrim’s battle, Sibiya’s bail refusal and alleged staged kidnapping headline lower court cases
  • Gauteng department and MEC ordered to honour R68.3m housing settlement
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Migrant body admits to food safety breaches at some spaza shops, Public Protector’s probe finds
Human Rights

Migrant body admits to food safety breaches at some spaza shops, Public Protector’s probe finds

Public Protector Advocate Kholeka Gcaleka's provisional investigation into last year's food poisoning crisis identifies widespread food safety failures, while a migrant organisation concedes some foreign-owned spaza shops sold expired or poorly labelled products.
Kennedy MudzuliBy Kennedy MudzuliJuly 17, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Public Protector Advocate Kholeka Gcaleka released provisional findings from a systemic investigation into food safety enforcement in the informal sector.
Share
Facebook Twitter LinkedIn Pinterest Email
  • The African Diaspora Forum acknowledged that some foreign-owned spaza shops sold expired or inadequately labelled products.
  • The Public Protector's provisional findings identify systemic failures in food safety enforcement and oversight.
  • The organisation disputes broader claims that counterfeit food is widespread and notes that refugees and asylum seekers may legally operate spaza shops.

The African Diaspora Forum (ADF) admitted that some foreign-owned spaza shops did not comply with food safety regulations, selling expired or inadequately labelled products, according to the Public Protector’s provisional findings.

This admission forms part of a Section 7(9) notice released by Public Protector Advocate Kholeka Gcaleka after a broad investigation into how food safety and hygiene standards are enforced in the informal sector, including spaza shops, hawkers and other food outlets. The investigation began after last year’s food poisoning incidents, which claimed the lives of several children.

Gcaleka stressed that the Section 7(9) notice is not the Public Protector’s final report. All affected departments, public entities and institutions have been given a chance to respond before the report is finalised.

Migrant organisation admits compliance failures

According to the notice, the African Diaspora Forum, a federation of migrant associations in South Africa, told investigators that many foreign nationals are involved in making, distributing, wholesaling and selling fast-moving consumer goods.

The organisation admitted that some foreign-owned spaza shops did not fully comply with food safety regulations. Inspectors found expired products, inadequately labelled goods and questionable expiry dates. However, the group said that claims of widespread counterfeit or “fake” food may be exaggerated.

Gcaleka also noted that the Supreme Court of Appeal’s decision in Somali Association of South Africa v Department of Economic Development, Environment and Tourism confirmed there is no law stopping recognised refugees and asylum seekers from running spaza shops in South Africa.

Systemic failures put food safety at risk

Beyond the submissions received, Gcaleka said the investigation found widespread non-compliance with food safety laws and big gaps in the systems meant to protect consumers.

“I intend to conclude that food safety is compromised and undermined by these governance gaps, which create a fertile ground for non-compliance that needs urgent attention,” she said. “Because of these governance failures, communities are at risk of food poisoning, and authorities are not complying with the Constitution or the law.”

According to the provisional findings, the allegations are substantiated because authorities failed to put proper controls in place to ensure food safety and hygiene standards were enforced in the informal business sector.

The notice also says that national and provincial departments and public entities did not meet their constitutional obligations to provide effective oversight, support, capacity building, advice and resources.

Inspector shortages and weak oversight

The investigation found that food safety enforcement is under severe strain because there aren’t enough Environmental Health Practitioners, workloads are too high, training is inadequate, and there aren’t enough people legally designated to carry out inspections and enforcement.

Gcaleka also found no evidence that District and Provincial Health Councils, required under the National Health Act, are working effectively to coordinate, monitor and oversee health services. Minutes from the Provincial Health Council, reviewed during the investigation, admitted that the structure wasn’t working and needed a more proactive approach.

The Public Protector also found weak coordination between environmental health services, business licensing authorities and other government structures. This undermines compliance monitoring and enforcement.

Schools and pesticide regulation raise concerns

The investigation also found problems in schools that are part of the National School Nutrition Programme. Many schools lack proper food preparation areas, changing facilities for food handlers and certificates of acceptability, even though they have received regulatory notices.

According to the provisional findings, these problems are direct breaches of food safety regulations. The notice also raises alarm about how agricultural pesticides are regulated. The Department of Agriculture does not have enough inspectors to enforce the law, and illegal imports of unregistered pesticides are a growing problem.

Possible fraud and fronting

The Public Protector also found evidence suggesting possible business fronting, fraud, corruption and tax evasion involving some businesses in the informal food sector.

In one case, a Certificate of Acceptability was issued to a South African citizen, but the business was allegedly run by a foreign national. The investigation also found cases where licence holders were not the actual operators of the businesses, suggesting attempts to get around regulatory requirements.

Final report pending

Gcaleka emphasised that the findings in the Section 7(9) notice are provisional. All implicated institutions have been given a chance to make representations before the Public Protector makes conclusions.

“The evidence before me shows an ineffective system for enforcing food safety and hygiene standards in the informal business sector. The sector is under operational pressure, compromised and undermined by serious governance weaknesses,” she said.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

African Diaspora Forum food safety Kholeka Gcaleka Public Protector Spaza shops
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Sebokeng grandmother secures title deed after years of dispute with brother-in-law

October 24, 2026

Blind SA challenges minister’s refusal to advance access to international libraries for blind people

October 20, 2026

Business owner ordered to pay R200,000 for banning LGBTQ+ people from his shop

October 11, 2026
Leave A Reply Cancel Reply

Prove your humanity: 9   +   10   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Special Reports
3 Mins Read

Grace Bible Church gathers political leaders for prayer, urges acceptance of 4 November results

By Kennedy MudzuliOctober 25, 20263 Mins Read

Grace Bible Church brought political leaders, mayoral and ward councillor candidates together for prayer ahead of the 4 November 2026 local government elections, with Presiding Bishop Mosa Sono calling for campaign tolerance, servant leadership and acceptance of free and fair results.

Africa’s first Pride march changed history; its message still matters today

October 25, 2026

Public interest law gathering to tackle land justice, migration and threats to human rights

October 25, 2026

The reinstatement of Lulama Oliphant: What a government spokesperson really is

October 24, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

LPC warns against unregulated legal services, clarifies legal consultant ruling

October 17, 2026

The R400,000 award for ‘white trash’ and ‘dumb people’ insults that cost a woman her home

October 21, 2026

FNB customer demands R15,100 refund after fraudsters drain account using stolen phone

October 17, 2026
© 2026 Conviction.
  • Home
  • Buy Now
  • Law & Justice

Type above and press Enter to search. Press Esc to cancel.

Powered by
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by