The recent deaths of two young girls and the hospitalisation of an eight-year-old boy over suspected food poisoning from spaza shops have reignited fierce discussions about compliance and regulatory measures in the food retail sector.
These concerns were brought to the forefront following a heart-wrenching incident in which two young girls lost their lives, reportedly after consuming contaminated snacks from a tuck shop in Ramosadi village, Mahikeng.
In another disturbing case, an eight-year-old boy identified as Omphile from Mapetla, Soweto, is recovering in Chris Hani Baragwanath Hospital due to suspected food poisoning from snacks procured at a local shop.
In response to this, the Forum for South Africa (FSA) has revealed its intention to take legal action against the Minister of Cooperative Governance and Traditional Affairs (Cogta), Velenkosini Hlabisa over the inaction regarding the non-compliance of spaza shops.
FSA leader, Tebogo Mashilompane, stated their intention to consult with lawyers to discuss possible litigation if the minister do not respond satisfactorily to a series of critical questions.
Speaking to the Saturday Star, Mashilompane explained that they have consulted legal advisers regarding the alarming disregard for compliance, leading to plans to formally engage with Hlabisa.
Mashilompane says this engagement will consist of a letter of intent that outlines critical questions related to the operation of illicit spaza shops and the apparent inaction from authorities.
Some of the questions posed to Hlabisa include why illegal spaza shops remain operational despite clear laws, the challenges faced in closing down these establishments, and why immediate actions are not being taken against those who operate without proper licences.
“The answers or non-response by the minister will assist the forum in taking the matter forward. If the answers are not satisfactory, meaning, no deadline for closure of illegal spaza shops, we will be left with only one option, which is to litigate. And trust me, we are serious about holding those in power accountable, but the principle of audi alteram partem (hearing the other side) must not be ignored; hence, we are giving the minister an opportunity to say his side because once we start with litigation, there is no turning back, but fairness is also important in this regard. So, the minister will receive the letter with questions before the end of the week, and answers are expected within 7 working days.”
Emphasising the importance of community engagement, he noted that raising awareness among the public can prompt necessary changes and hold authorities accountable for their constitutional duties.
Mashilompane further added that the tragedies in North West serve a dual purpose: as a catalyst for community awareness and as a wake-up call for officials. “There are two kids who died last Friday in North West. It is important to stand up against this because it achieves two things: one, community awareness, and two, waking up ministers or those responsible from slumber,” he said.
Additionally, in response to the incidents, the City of Johannesburg’s Environmental Health Department (EHD) took immediate action, shutting down Robot Tuck Shop in Mapetla after health inspectors linked the establishment to the food poisoning case involving Omphile.
The investigation revealed that while the tuck shop displayed some compliance with food storage practices, it failed to address concerns regarding pest control, a compliance requirement for such businesses.
Sergio Isa Dos Santos, the DA’s Gauteng Shadow MEC for Education, announced that the party will also be demanding a thorough report from MEC for Finance and Economic Development, Lebogang Maile, to understand what measures are being enforced to regulate these facilities.
"This recent food poisoning incident indicates that these measures have not been implemented. As a result, Gauteng residents, especially children, continue to be victims of food poisoning," Dos Santos emphasised.
Earlier in the week, Hlabisa, who visited the eight year-old at Chris Hani Baragwanath Hospital, issued a stern warning to non-compliant spaza shops, detailing that their doors should not be open.
“Government embarked on a process of regulating the spas. The step that we need to embark on now is to reinforce that the implementation is for every Spaza shop that did not go through the process; its doors should not be open.”
Mayor of Johannesburg Dada Morero, who also went to the hospital alongside Hlabisa, said, “We are reaching out to the residents of Johannesburg with an urgent appeal: please refrain from registering spaza shops on behalf of foreign nationals.”
Saturday Star