The Office of the Public Protector has launched an unprecedented systemic investigation into 16 national and provincial government departments and agencies, accusing them of widespread failures in enforcing food safety laws – failures linked to outbreaks of foodborne illnesses and deaths, particularly those involving spaza shops and informal traders.
The massive systematic investigation, triggered by a complaint from ATM leader Vuyolwethu Zungula in October 2024, aims to fix root causes across the entire government system, not just individual complaints.
The details are contained in the letter to Zungula from the public protector’s office in Gauteng, dated May 29.
The allegation is that multiple “organs of state” (16 listed) are failing or being ineffective in enforcing laws regulating food manufacturing, processing, and sale — especially those targeting manufacturers, wholesalers, spaza shops, and informal traders.
Testimony from affected communities
The investigation, explicitly linked to the “outbreak of foodborne illnesses and deaths” affecting communities, seeks testimony from affected communities and associations about this impact.
The intention of the systemic investigation is to address issues affecting larger groups and, in so doing, make a much broader impact with appropriate remedial action,” wrote Vusumuzi Dlamini, the public protector’s Gauteng representative.
“Experience has indicated that once systemic root causes and process failures have been discovered and cured, the influx of complaints lodged with the public protector by various complainants about the same or similar issues are reduced substantially,” Dlamini added.
The unprecedented scope of the investigation targets a vast array of departments that are rarely scrutinised together on this issue, including:
* Health (national and provincial): Enforcement failure, lack of guidance/policy.
- Education (provincial): Failure on school premises food safety.
* Agriculture and land reform: Enforcement failure on agricultural products.
* COGTA (national and provincial): Failure on oversight/coordination of municipal licensing.
* Small Business Development: Failure to develop safety frameworks for small businesses.
* Home Affairs: Failure to enforce business visas for foreign nationals operating spaza shops.
* SAPS: Failure to prevent/combat illegal food production/sale.
* National Consumer Commission & Regulator: Failure to monitor goods and conduct inspections.
* Municipalities: Failure to enforce business permits/licences.
* Economic Development/Finance (provincial): Failure to promote hygiene in local business development.
“It is a common cause that food retailers and businesses selling foodstuff are regulated at various levels of government by different organs of state,” Dlamini noted.
He said that for each department, the investigation will determine if their failures constitute “improper conduct” under the constitution and Public Protector Act, potentially leading to remedial action.
He added that fieldwork started in November 2024 with notices to departments. Interviews and observations have already been underway since March of this year, with more provinces or national departments to follow.
