Public Protector: Gauteng municipalities failing to enforce food safety at spaza shops

The Public Protector has found that Gauteng municipalities are not adequately enforcing food safety and hygiene regulations at spaza shops and other informal food outlets, following an investigation launched after several schoolchildren died and others fell ill after consuming products from informal traders.

Preliminary findings and notice issued

Public Protector Advocate Kholeka Gcaleka released preliminary findings of a systemic investigation and issued a Section 7(9) notice to affected municipalities, government departments and public entities. The notice gives those institutions an opportunity to respond before a final report is issued and any determination on maladministration or improper conduct is made.

Staffing shortfalls and inspection capacity

The investigation found significant shortcomings in municipal capacity and compliance monitoring for environmental health. The World Health Organization and the National Environmental Health Norms and Standards recommend one environmental health practitioner (EHP) for every 10,000 residents, but the Public Protector reported that the province is operating at less than 30.3% of the required EHP staffing capacity.

• Johannesburg: operating at 50% of required EHP capacity.
• Ekurhuleni: 23%.
• Tshwane: 21%.
• Sedibeng district: 16%.
• West Rand district: 18%.

The report said the staffing shortage raises concerns about municipalities’ ability to conduct the regular inspections of food handling premises required by law.

Compliance levels and licensing gaps

The Public Protector found widespread non-compliance among spaza shops across the province and reported low compliance rates in the metropolitan municipalities:

• City of Ekurhuleni: 5% compliance rate.
• City of Johannesburg: 14%.
• City of Tshwane: 30%.
• Gauteng province overall (including Sedibeng and West Rand): 28% compliance rate.

The report states that, “for each licensed permitted spaza shop there are almost three unlicensed spaza shops that are operational.” It also found that municipal licensing and regulatory systems are not functioning effectively, creating opportunities for businesses to operate without meeting required food safety standards.

Tax and licensing coordination

The Public Protector highlighted a lack of coordination between business licensing authorities and tax verification processes. The report noted that spaza shop owners who fall within the tax net must register for income tax with the South African Revenue Service to trade legally, but said, “there is no apparent coordination between the business licensing and tax verification compliance processes, thus leaving room for tax evasion and other related contraventions.”

Ownership profile of spaza shops

The investigation examined ownership across Gauteng’s three metropolitan municipalities and found that of approximately 12,737 operational spaza shops, about 7,071 (56%) are operated by foreign nationals. Gcaleka emphasised that South African law does not prohibit refugees and asylum seekers from operating spaza shops, citing a Supreme Court of Appeal judgment.

Public health concerns and next steps

The Public Protector warned of a growing threat to public health posed by expired and decayed food in the markets and said multiple government entities may have failed in their duty to protect consumers.

“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.”

Gcaleka also stressed that the Section 7(9) notice does not constitute the final findings of the investigation and that inputs from the notified institutions will be considered.