- 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.
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