Human rights
Spaza Shops: Can they Infringe on a Child's Human Rights?
Street vendors (commonly known as spaza shops) recently came into the spotlight where some were implicated in illnesses and deaths of children. In November 2024 it was announced that there were 890 food-borne illnesses reported over South Africa and at least 22 deaths of children related to food-borne illnesses. Although these illnesses and deaths are possibly not all linked to spaza shops, there are some instances where these shops were implicated. President Cyril Ramaphosa announced on 15 November 2024 that an investigation will occur regarding these illnesses and deaths of children.
It is a fundamental human right in the Constitution that every child has the right to basic nutrition and basic health care services. This includes being provided with food products that are not hazardous to their health. One can argue that children's human rights are negatively affected in instances where they are exposed to food products that are beyond the expiry dates or not according to health and safety standards.
There are municipal by-laws regulating aspects around spaza shops, which include provisions that spaza shops must obtain a permit from the municipality and it also regulates aspects as to where they are allowed to do their business and so on.
In respect of health and safety measures regarding the food products they sell, the by-laws do not deal specifically with this aspect in much detail. It generally states that spaza shops must comply with the following:
> All by-laws dealing with health-related matters must be complied with.
> No alcohol may be sold.
> No illegal goods may be sold.
> The owner of the spaza shop must ensure that the spaza shop is always clean and does not have excessive waste or pests on the premises.
Although the current provisions are wide enough to include general health and safety measures, a new draft of by-laws has been released to regulate spaza shops and will be led by the Department of Co-operative Governance and Traditional Affairs to address the growing curse of food-borne illnesses and deaths across the country.
The new draft by-laws must still be approved and implemented by municipalities, however, it will address the food-borne illnesses and deaths of children by specifically stating that a spaza shop owner must comply with the following:
> The business must comply with health and safety requirements and the owner must have all the relevant certificates.
> The food sold must not be expired and must not be contaminated by insecticides, pesticides or any poisonous substance.
> Spaza shops should not sell goods or products that do not comply with acceptable standards.
The new draft by-laws were introduced to ensure that local spaza shops maintain high standards of cleanliness and safety of the business, which will mitigate the possible instances of food-borne illnesses with children.
Spaza shops not complying with the by-laws can receive a fine and it may also lead to the shop being closed. The new by-laws, once approved, provide for criminal offences as well in instances where the by-laws were not followed.
Apart from the new regulations aiming to clarify the health and safety aspects, President Cyril Ramaphosa announced that regular inspections and public awareness campaigns will be introduced to ensure that spaza shops uphold the highest standards in order to protect both the entrepreneur and the community. Municipalities are also encouraged to report any instances where it is suspected that the food products sold at spaza shops are not up to the required standard.
As mentioned above, some spaza shops have been implicated in some of the food-borne illnesses and deaths of children. However, one should consider that in some instances it might be difficult to link a specific spaza shop to an illness or even just a specific food to an illness. This is due to there being other factors that can play a role, such as underlying medical conditions and so on. It is vital to try and keep as much evidence as possible, such as the food product's packaging indicating the expiry date.
In light of the above, spaza shops have a duty to ensure that the products they sell are not hazardous to the health of their customers. Recent developments indicate that investigations into spaza shops will be conducted and that new by-laws will clarify and strengthen the regulation of these spaza shops.
Did you know…Spaza shops must comply with municipal by-laws regarding health and safety measures and standards.