Gauteng Premier Panyaza Lesufi
By Thabo Mosia
Gauteng Premier Panyaza Lesufi has announced a series of new by-laws aimed at preventing food-borne illnesses following a crisis linked to spaza shops and vendors near schools. Since January, more than 400 cases of food contamination have been reported, with 23 children tragically losing their lives after allegedly consuming snacks purchased from these vendors. Lesufi emphasised that the implementation of these by-laws, scheduled for 1 December, is a vital step in safeguarding public health.
Gauteng’s Food Safety Crisis and Legislative Response
The decision to tighten regulations around spaza shops and informal vendors comes after a shocking increase in food poisoning cases, with Johannesburg and Ekurhuleni recording the highest number of incidents. In an emergency online meeting on Sunday attended by members of the executive council, mayors, and municipal managers, the Gauteng Department of Health presented an overview of the situation, revealing disturbing findings. According to the department, many of these incidents may be linked to snacks containing organophosphate, a toxic chemical commonly used in agricultural pesticides, which has been detected in multiple cases.
The provincial government stated, “These tragic incidents have become a cause for serious concern for both the government and the public.” Lesufi further stressed that “23 children’s lives lost is too much,” adding that a province-wide strategy would help ensure consistency in food safety regulations across municipalities.
Key Measures in the New By-Laws
To address this urgent issue, Lesufi outlined several critical steps in the newly proposed by-laws:
1. Uniform By-Laws Across Municipalities: All municipalities within Gauteng must adopt consistent by-laws related to spaza shop operations, including standards for hygiene and food safety.
2. Mandatory Registration for Spaza Shops: Spaza shops will be required to re-register under the new regulations. Shops that fail to register or do not meet food safety standards will not be allowed to operate.
3. Law Enforcement and Compliance Checks: Law enforcement agencies will assist in enforcing the new by-laws, conducting regular inspections, and shutting down shops that do not comply. Municipal health inspectors will also be tasked with monitoring compliance.
4. Training and Education for Vendors: The provincial government is launching training initiatives for spaza shop owners and staff, covering essential food safety practices such as proper food handling, storage, and hygiene.
5. Community Awareness Campaigns: A public campaign will educate residents on food safety, signs of food spoilage, and how to report any unsafe practices they observe at local spaza shops.
6. Weekly Progress Meetings: The task force, which includes the Gauteng Department of Health, agriculture, police, and small business development representatives, will meet every Saturday to review progress and implement additional measures as needed.
The Role of Organophosphate and the Agriculture Department’s Intervention
One of the key findings presented was the detection of organophosphate in some of the deaths. Forensic laboratory reports identified this toxic chemical in seven of the 19 deaths analysed. Organophosphate, found in certain agricultural pesticides and rodenticides, is banned from retail and consumption in South Africa due to its high toxicity.
Lesufi has tasked Gauteng’s Agriculture MEC Vuyiswa Ramokgopa to investigate and eliminate the use of organophosphate in the province. “It is clear what the cause of death is. From the forensic laboratories, we now know what caused the majority of those deaths. The substance that has been neutralised is linked to the agricultural sector,” Lesufi stated, emphasising that strict action would be taken to ensure this chemical is no longer accessible in spaza shops or informal markets.
Enhanced Reporting and Monitoring Systems
To improve response times and track cases more accurately, a new reporting template is being developed for hospitals, schools, and community health care centres. This system will ensure that every case of food poisoning is accurately recorded, helping authorities identify trends or repeat offenders among vendors. Residents are also encouraged to report expired or potentially dangerous products sold at spaza shops by calling the emergency healthcare number provided by the provincial government: 012 3456789.
Enforcement and Potential Challenges
The provincial government faces challenges in enforcing these new by-laws due to limited municipal resources. Currently, Johannesburg has only 221 inspectors, Ekurhuleni 94, and Tshwane 74. With over 400 cases reported this year, there is concern about whether these municipalities can provide adequate oversight and enforcement.
In response to these challenges, the Gauteng Department of Cooperative Governance and Traditional Affairs has introduced provisions allowing municipalities to take stricter action, including the authority to impound goods and business equipment. The by-laws specify penalties for violations, including immediate business licence cancellation for repeated transgressions and a five-year ban on reapplication.
Addressing Concerns in the Informal Trade Sector
While spaza shops and informal vendors are a vital part of South Africa’s economy, providing affordable goods and creating employment, Lesufi highlighted the need for proper regulation. He acknowledged that while the informal sector plays a critical role in addressing poverty, unemployment, and inequality, it must operate under regulated conditions to protect public health.
“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 said. He also noted that foreign-owned spaza shops would need to ensure a minimum quota of South African employees, promoting local employment opportunities.
Ongoing Measures to Tackle Food Safety in Gauteng
In addition to these initiatives, Lesufi announced that the Gauteng provincial government would hold weekly municipal meetings every Saturday at 18:00, with media updates every Sunday to keep the public informed. Law enforcement agencies will conduct targeted raids on non-compliant shops and take swift action where necessary.
Lesufi’s intervention has garnered public support, with many expressing relief at the government’s decisive response to protect children from unsafe food. With the new by-laws set to take effect on 1 December, it is anticipated that the Gauteng government’s stringent measures will help curb the alarming trend of food-borne illnesses linked to spaza shops and vendors.
Gauteng’s Path Forward
The food safety crisis in Gauteng has underscored the urgent need for systemic changes in how spaza shops and informal traders operate. By establishing these regulations, the provincial government hopes to create a safer environment for residents and prevent future tragedies. Lesufi concluded, “It is the responsibility of informal traders to trade in accordance with legal requirements and in a manner that promotes public health and safety.”
With December fast approaching, the Gauteng government, in collaboration with various departments and stakeholders, is committed to enforcing these new measures and addressing the gaps in food safety that have put vulnerable communities at risk.
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