Who can open spaza shop in South Africa? Premier Panyaza Lesufi says anyone, as long as they are documented

Gauteng Premier Panyaza Lesufi said foreign nationals who are documented are allowed to open spaza shops, as long as they abide with the laws and regulations. File Picture: David Ritchie

Gauteng Premier Panyaza Lesufi said foreign nationals who are documented are allowed to open spaza shops, as long as they abide with the laws and regulations. File Picture: David Ritchie

Published Nov 11, 2024

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Gauteng Premier Panyaza has outlined his wide intervention to regulate the mushrooming of spaza shops in the township, which have been accused to be the sources of the food-borne diseases and deaths.

In one of the latest incidents, among many, The Star reported last week that residents of Alexandra, north of Johannesburg, are demanding the closure of spaza shops operated by migrants following the tragic death of 11-year-old Lesedi Mulaudi.

On Sunday, Lesufi met with members of executive council, executive mayors, members of mayoral councils (MMCs), speakers, chief whips, heads of department as well as municipal managers to discuss the provincial approach on the implementation of by-laws and regulations for operation of spaza shops in the province.

“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,” said Lesufi.

Gauteng Premier Panyaza Lesufi. Picture: Itumeleng English/ Independent Newspapers

Since January, Gauteng authorities said the total number of food contamination incidents stand at 441, and 23 deaths. The majority of the cases involve children between the ages of six and10-years-old.

Ekurhuleni has reported the highest number of incidences, followed by West Rand. The majority of deaths were reported from Johannesburg, followed by Ekurhuleni. Seven post-mortem results out of the 19 deaths tested positive for organophosphate.

Lesufi said Gauteng MEC for Economic Development, Lebogang Maile and all MMCs will develop a template of re-registration of businesses, “especially businesses that were involved in illness and deaths of our children”.

The premier said municipalities have a crucial role in ensuring the enforcement of by-laws.

“They are also instrumental in overseeing the informal sector, primarily through municipal policies and regulations governing informal trading. Some of the immediate interventions that we agreed on include implementation of enforcement and compliance to ensure adherence to relevant regulations and standards. Instituting food safety educational and awareness programmes,” he said.

“The meeting further recommended that municipalities, in addition to enforcing by-laws, they must implement a comprehensive strategy which will include education and training for spaza shop owners and staff on food safety practices.

“This will include proper food handling, storage, and cooking techniques. Municipalities are expected to establish a system for regular health inspections by local health authorities to ensure compliance with food safety regulations. They must provide feedback and support to help shops improve.”

In addition, Lesufi said municipalities must launch community awareness campaigns to educate customers about food safety, signs of spoilage, and how to report unsafe practices.

“Law enforcement will move with speed to close shops that do not comply,” he said.

Spaza shop owners have been accused of selling the food which sparked food-borne diseases and deaths. File Picture

On Monday, the premier clarified during an interview on Newzroom Afrika that anyone who is in South Africa legally is allowed in law to open and operate a spaza shop. Lesufi was asked on the criteria of granting spaza shop licences, and he said under the current laws “whoever that is here” can get a licence, as long as they are in South Africa legally.

“Whoever that is here, legally and who has the capacity to run it (including foreign nationals) if they are here legally,” the premier clarified.

“Remember, if you are here for a specific purpose, for example as a refugee, there are many things you can’t do. That is the reason why we believe we need to intervene there. If you are here with full citizenship, there are things that you can do and there are things that you cannot do – for example you cannot participate in some of the activities of voting or being a representative in Parliament. It is the segmentation that we really need to strengthen. These by-laws assist us with that.”

IOL