How Gauteng plans to implement spaza shop by-law amid food poisoning deaths

Gauteng premier Panyaza Lesufi has unveiled the approach to implementing the newly published by-law and regulations for spaza shops operating within the province.

Cooperative governance and traditional affairs (Cogta) minister Velenkosini Hlabisa last week gazetted the new standard draft by-law for township economies, aimed at "creating an enabling environment for small businesses in townships".

This comes after the death of 23 children in Gauteng this year after they consumed food allegedly purchased at local spaza shops and vendors. A total of 441 food poisoning incidents have been reported, Lesufi revealed on Sunday.

"Most cases involve children between the ages six and 10. Ekurhuleni has reported the highest number of incidents, followed by West Rand. Most deaths were reported in Johannesburg, followed by Ekurhuleni. Seven postmortem results out of 19 deaths tested positive for organophosphate," he said.

"A reporting template is being developed [which will] be used by hospitals, schools and community health-care centres to ensure we have accurate reporting in this regard."

The premier also announced a ban on the sale of terbufos at spaza shops and informal vendors, saying those seeking authorisation to use it would have to go through the provincial agriculture department.

Health minister Aaron Motsoaledi last month revealed terbufos was the cause of the deaths of six children in Naledi.

Lesufi said he met with his MECs, mayors, MMCs, speakers and municipal managers among others to discuss the province's approach, and after this they all agreed addressing the 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.

"All councils across municipalities will pass the new by-law by the national department, which explain how to register a business and conduct it to ensure a uniform approach. We are going to start weekly stakeholder engagement and consultations.

"We are also starting the process of re-registration of spaza shops. MEC for economic development Lebogang Maile and all MMCs will develop [this] template, especially for businesses involved in illness and deaths of our children."

Another recommendation from the meeting was for municipalities to implement "a comprehensive strategy" that will include educating and training spaza shop owners and their staff on food safety practices. Additionally they "must launch community awareness campaigns to educate customers about food safety, signs of spoilage and how to report unsafe practices".

The Cogta department said the new by-law is "designed to harmonise township business ecosystems by providing standardised norms and facilitating easier entry and operation for formal and informal businesses.

"It supports businesses with tailored resources, including permit registration processes and designated trading spaces, ensuring streamlined operations within municipal jurisdictions."

Key features of the new regulations include: 

• Enhanced freedom for business activities: this allows individuals with a valid business license to "conduct business within designated areas, subject to local quotas that ensure equitable opportunities for South African citizens and residents".
• Designated business zones:  this empowers municipalities to establish business zones, specifically tailored to retail, industrial and mixed-use enterprises. 
• Business support and capacity building: this will see municipalities facilitate workshops and training and provide access to resources such as infrastructure and markets as a way to further support local businesses.
• Simplified permitting and registration: this will see the introduction of an "efficient permit and registration system" which will provide clear guidelines for businesses. 

Commenting on the draft by-law, Hlabisa said: "We are excited about this by-law as it is more than a regulatory tool. It reflects our vision for township economies as key contributors to South Africa’s growth.

"Through inclusive, streamlined and supportive governance, the initiative lays a foundation for sustainable economic activity in historically underserved areas, empowering individuals to participate meaningfully in the economy."

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