The National Assembly held a debate on the recent outbreak of food poisoning that led to mass hospitalisations and the deaths of children after allegedly eating food products bought from shops owned by foreign nationals. The debate topic – “The need for urgent intervention through nationwide inspections to protect vulnerable children from expired and poisonous foods sold from unregulated and foreign-owned spaza shops” – was proposed by Mr Nhlanhla Hadebe of the Inkatha Freedom Party (IFP).
Mr Hadebe began by outlining the importance of spaza shops in communities, especially in residential areas with limited access to transport services and traditional retail services. He said the informal sector, where spaza shops trade, contributes about 30 to 40% to national food expenditure and such shops generate employment, offer credit to customers, and foster economic activity in areas with limited opportunities. “However, in recent times, spaza shops have become sites of violence and tragedy, with reports of mass deaths and hospitalisation of children due to unsafe products. This is nothing short of a national tragedy,” Mr Hadebe said.
“The continued sale of expired and counterfeits goods poses a serious threat to the health and safety of our communities, particularly vulnerable children. These incidents are not isolated, underscoring the IFP’s call for a comprehensive national intervention,” he said.
According to the IFP MP, the food poisoning incidents highlight the urgent need for intervention and stricter enforcement of food safety regulations to prevent further harm. “A major concern remains the lack of regulation in this R13 billion industry, which presents serious risk to consumers. There is an urgent need for strict enforcement of bylaws to protect citizens from harmful products and to enhance public health and safety. Law enforcement agencies must act swiftly to ensure compliance. Regular health inspections are essential to ensure food safety,” he proposed.
Also participating in the debate, the Minister of Small Business Development, Ms Stella Ndabeni-Abrahams, told the National Assembly mini-plenary that her department has implemented various policies and measures aimed at regulating small enterprises, including spaza shops and other small businesses. She went on to list several laws governing the sale of food products by both formal and informal businesses. These include the Business Act of 1991, Counterfeit Goods Act of 1997, the National Consumer Protection Act of 2008, the Foodstuffs, Cosmetics and Disinfectant Act of 1972 and the National Health Act.
“Our policy and legislative interventions emphasise the necessity of establishing a robust regime of business licensing for categories that fall within SMMEs. Without appropriate licencing it becomes challenging to identify and monitor the business activities occurring in townships and rural areas,” Ms Ndabeni-Abrahams said.
“Furthermore, we are committed to providing financial and non-financial support in the sector. Our aim is to equip those operating at this level with essential knowledge regarding business management, sustainability practices and profitability. This support includes training to ensure compliance with all relevant legislation, from municipal by-laws, provincial business zoning and adherence to food security standards,” said the Minister.
She also reminded the MPs that while the enforcement of compliance with legislation does not fall within her mandate, the department is committed to collaborating with all levels of government, including the departments of Cooperative Governance and Traditional Affairs, Home Affairs, Labour, Police and the Health as well as with the Small Enterprise Development Agency for the registration of small businesses.
Minister Ndabeni-Abrahams said the department has also identified 29 pieces of legislation for repeal or amendment and will also work to strengthen efforts to stop counterfeit goods.
Mr Nhlanhla Gcwabaza of uMkhonto weSizwe Party blamed the food poisoning incidents on weak enforcement of laws and lack environmental health inspections. “This is not a simple case of negligence but a product of unregulated foreign-owned informal businesses, lawlessness and the failure to prioritise the wellbeing of our black Africans,” he said.
Mr Gcwabaza also alleged that many of these shops are operated by individuals who entered the country illegally or posed as asylum seekers, who continue to defy the law and who bring in counterfeit, expired goods that are dangerous for consumption. “This is the consequence of allowing individuals to operate outside the law, unchecked and unregulated. The MK Party demands the immediate closure of all foreign-owned shops until health inspectors have thoroughly evaluated and granted permission for the continuation of the operation,” he said.
The MK’s Mr Gcwabaza also called on the Department of Home Affairs to investigate the immigration status of the foreign shop owners and said that those found to be the county illegally should be deported and their business shut down.
The Democratic Alliance’s Ms Eleanore Spies also raised a concern about the lack enforcement of environmental health and safety laws and food safety standards. “At the core of this is the lack of collaborative action from the various stakeholders. We need to ensure that food sold to children is safe for consumption, and this can be achieved through regular and targeted inspections and bring informal SMMEs into the regulatory space,” she said.
Ms Spies also suggested regular inspections by environmental health officers to ensure food safety, regulations, and standards, and also educate business owners and communities on food safety practices.
Ms Paulnita Marais of the Economic Freedom Fighters said the food poisoning incidents are the result of a complete failure of law enforcement at various levels. “But more fundamentally, it speaks about the failure of the post-1994 regime to reimagine townships away from that which they were created for, which was for cheap labour,” Ms Marais suggested.
“By its nature, an apartheid township makes it almost impossible to regulate. The state does not know the identity of the people who run these spaza shops. There are no regulations and food safety standards applied to these shops. The state does not have the means to guarantee the safety of over 11 million people who use spaza shops,” she said.
There was a general support from all participants in the debate for the call to register all spaza shops selling food and the enforcement of municipal bylaws and safety standards.
Sakhile Mokoena
28 October 2024
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