By Lehlohonolo Lehana.
Public Protector Kholeka Gcaleka says the deaths of Gauteng children who died after consuming contaminated food from spaza shops could have been prevented.
Gcaleka released a Section 7(9) notice on Friday as part of a systemic investigation into food safety compliance.
The investigation follows the deaths of at least 23 children in 2024, after they consumed food contaminated with deadly pesticides.
Gcaleka said probe was launched after several schoolchildren died and others fell ill after consuming food products purchased from informal traders.
“It is crucial, considering that it was widely reported, it is a matter where we actually lost lives as a country, which included the lives of children,” Gcaleka said.
“We considered that this is a matter that required a systemic approach rather than an approach to just the individual incidents.”
According to the Public Protector, evidence gathered during the investigation points to significant shortcomings in municipal capacity and compliance monitoring.
The investigation revealed that Gauteng has been flagged for failing to employ the recommended number of food safety practitioners, with none of the province’s municipalities meeting the standard requirements.
She says Gauteng does not meet the World Health Organisation’s benchmark of one Environmental Health Practitioner (EHP) for every 10 000 residents.
“The minimum inspection frequency interval for food premises is once every quarter, meaning each premises must be inspected at a minimum of four times a year.”
Johannesburg recorded the highest compliance level in the province at 50%, while the other metros fell below 25%.
According to Gcaleka, Ekurhuleni is operating at 23%, Tshwane 21%, while Sedibeng and the West Rand are operating at 16% and 18% respectively.
Gcaleka recommend that the Gauteng provincial government address its EHP shortages and strengthen enforcement of existing laws.
This would be achieved by the establishment of a technical committee made of members from small business development, health and cooperative governance departments.
“The technical committee must, upon completion of its work, submit a comprehensive report to the Premier of Gauteng for consideration and onward engagement with the MECs,” said Gcaleka.
She added that law enforcement needed to coordinate with the small business development and home affairs departments to ensure the law was being followed.
“The evidence before me shows that even though a local citizen is a registered owner of Dana tuckshop at Naledi, under whose name the CoA was issued, the shop itself was operated by a foreign national,” said Gcaleka.
She gave the national police commissioner 120 days to liaise with the departments in compiling a report on corruption, fraud and false declarations, as well as immigration and trading violations.
Gcaleka also gave the commissioner of the South African Revenue Service (Sars) 120 days to identify businesses and owners who were dodging their tax obligations.
She also stipulated directives for the municipal managers to abide by within 30 and 60 days of receiving the final report.
Municipal managers will have 30 days to audit their EHP capacities and training requirements, as well identify the staff and operational shortcomings of their local economic departments.
They will have 60 days to formulate operational plans to increase inspections and enforcement of food safety, business, trade and licencing laws.
The provincial departments of education, health, small business development and agriculture will also have 60-day deadlines to compile their own action plans on improving their own compliance mechanisms.