Gauteng Provincial Government further update on the registration of spaza shops and food-handling facilities, and extension of application deadline

Background
On the 9th of December 2024, the Gauteng Provincial Government held a media briefing to provide an update on the registration of spaza shops in the province. The aim of the briefing was to communicate the work that the province has done so far in responding to the directive issued by President Cyril Ramaphosa on the 15th of November 2024, in which he announced measures needed to be taken to address the recurring foodborne illnesses that have claimed the lives of numerous children and led to the hospitalisation of many more across South Africa. Among the key interventions that the president proposed was that spaza shops and food-handling facilities that are operating in the country must be registered with their respective municipalities within 21 days, and that those not registered within this period and not meeting all health standards and requirements must be closed.

In the said briefing by the province, we outlined the outreach programme that was undertaken to assist spaza shops in the application process leading to registration. At the time of the briefing, 15 000 spaza shops had been reached by the programme a number that has since increased to just over 25 000. Today, we wish to give further updates on the quantitative and qualitative leaps that have been made in the last ten days.

As a starting point, the Gauteng Provincial Government wishes to extend its deepest and sincerest gratitude to all institutions of government and law enforcement that have been involved in the spaza shop registration process. This undertaking took place with strict instructions that necessitated urgent and immediate action, and the province has risen to the occasion in the most professional and efficient way. We also wish to extend our gratitude to spaza shop owners for their efforts in ensuring a smooth application process. 

They have had to organise documents and at times, mobilise resources for the payment of business licenses and permits at a moment’s notice. And thousands have done this, as this update will demonstrate.

Progress on applications and issuing of business licenses by municipalities
Ten days ago, the number of spaza shops that had been issued with application forms was 13 616. This has increased by over 7000, and now sits at 21 172. Of this number, 10 389 application forms have been submitted across all municipalities in Gauteng. At our first media briefing, the number of applications that had been returned owing to missing documentation stood at 1 916. Since then, the number of applications received have increased, leading to a corresponding increase in the number of returned applications, which now stands at 2 677. The number of applications from non-South Africans presently stands at 2 818 – an increase of 213 since the last update. This indicates that more spaza shops are complying with the president’s directive, a positive sign that the programmes and interventions that have been instituted by the Gauteng Provincial Government are working. 

A key issue that was previously noted related to challenges that spaza shop owners faced in terms of receiving certain approvals from local municipalities. Progress in this regard is continuing. An example of this can be gleaned in the City of Ekurhuleni where, as of today, 23 business licenses have been issued. Approval of land-use applications has also been expedited, with 93 of these applications approved in the City of Johannesburg alone. In the same municipality, 617 certificates of acceptance have been issued. A reconciled figure for all municipalities will be communicated in due course. 

Progress on spaza shop compliance
Issues of compliance have plagued the spaza shop registration process, with challenges relating to zoning being at the core. A lot of structures were built without zoning provisions and consent use, with some of the structures having been built on critical municipal infrastructure such as water pipes. This is a serious issue that has significant implications not only for spatial and economic development in the province, but for the safety of our communities as well. 

Municipalities have been encouraged to issue notices of correction to the owners. In some instances, such as where structures are erected on critical infrastructure, there will be a need for demolition in order to protect this critical infrastructure that services  communities. In such cases, demolition will only proceed where regularisation cannot be achieved. It is important to state that our approach to this matter is developmental. 

This means that demolishing structures is our last resort as we recognise the financial and economic implications of such an intervention. The Gauteng Provincial Government will only opt for this resort when there is absolutely no possibility for regularisation and where the cost of keeping the structures far outweighs the benefits to communities in the immediate and the long-term.

In some cases, the main challenge is that township proclamation is not yet completed. 

Township establishment is a multifaceted procedure that requires adherence to a prescribed set of processes and follow-ups and must be overseen by a skilled and registered town planner. It also requires coordination with other disciplines including geologists, land surveyors, civil and electrical engineers etc. Various assessments must be conducted, including but not limited to Environmental Impact Assessments and Traffic Impact Assessments. In some cases, the properties in question may be agricultural holdings on which, by law, townships cannot be established. In this instance, reverting the property to farmland is a prerequisite preliminary step, one which is followed by an extensive approval process for the excision of holding. This generally takes at least 2 months.

In cases where township proclamation is not yet completed, as is the case in some townships, interim permits are being considered by municipalities whilst the proclamation process is being undertaken. 

While inroads are being made to deal with some of these systematic challenges, we deem it important that we communicate critical factors at play. On average, it takes between 28 days to two months to comply with land-use, building control and environmental health requirements, including the obtaining of a certificate of acceptability. As indicated, progress is being made in the issuing of this documentation by municipalities, but it is a process that cannot be rushed as it is fundamental to ensuring sustainability in compliance and safety. 

Law enforcement
In our previous media briefing, we outlined issues relating to the rule of law, stating that we had sought assistance from the national Department of Home Affairs at all sites to address asylum, immigrant and refugee statuses of non-South African nationals.

The aim of this is to eradicate the submission of false documentation for spaza shop applications and registrations. Additionally, we emphasised the importance of non-South Africans adhering to the established laws of the country, which include that they must have documentation in the form of a valid business or work visa as well as resident permits. 

This is non-negotiable and remains a strict requirement for doing business in the Gauteng Province and South Africa in general.

The intensification of law enforcement across all municipalities remains a priority. This is to ensure that only compliant spaza shops are allowed to operate. Currently, 541 spaza shops have been closed for non-compliance. These establishments will not be opened or allowed to operate until such time they meet all compliance requirements as stated. 

There are currently 437 environmental health practitioners operating in the province, whose role is to ensure that the health and related inspections are conducted speedily. 

The Gauteng Provincial Government has undertaken to strive to increase the capacity of these practitioners with the aim of ensuring that inspections are done continuously. In addition to this, municipalities will be continuing with inspections and the monitoring of compliance throughout the festive season and beyond. 

Spaza Shop Policy
The provincial government is supporting municipalities to benchmark and adopt a Spaza Shop Policy based on the existing policy of the City of Ekurhuleni metropolitan municipality. The purpose of the said policy is to regulate and control the operation of  spaza shops within the municipal jurisdiction, and in particular, to ensure compliance with safety and health requirements, as well as to provide the proper establishment of spaza shops and the application process thereof. By adopting such a policy, municipalities will have a structured support programme including education and training, regular inspections, awareness campaigns as well as access to resources in a sustainable and inclusive manner. 

Protection of South African interests
The best interests of South African communities are a key priority of the Gauteng Provincial Government. Ensuring the economic empowerment, well-being, health and prosperity of South Africans is our primary intention. While we are deeply committed to 
growing the provincial economy, we are even more committed to ensuring that such growth is inclusive and sustainable, and that it does not exclude or marginalise citizens of our country. Our insistence on compliance is based on the objective of building an 
economy that grows in the hands of South African communities, and this requires strict adherence to the law, which not only protects but also empowers citizens. 

The provincial government is alive to the difficulties that South Africans are facing in this difficult economic environment and recognises that supporting and empowering them is non-negotiable. It is for this reason that this spaza shop registration process is being simultaneously instituted alongside interventions such as imbizos with township property owners across all regions of the province. The Gauteng Provincial Government will continue to prioritise the development of interventions that seek to bring locals into the township economy, anchoring this on the principle of redress and affirmative community development.

Extension of registration deadline 
On the 18th of December 2024, the Minister of Cooperative Governance and Traditional Affairs (COGTA), honourable Velenkosini Hlabisa, announced that the national government has resolved to extend the registration deadline for spaza shops and food handling outlets to the 28th of February 2025. This decision was informed in great part by the concerns of spaza shop owners who requested additional time to comply – a concern that the democratic government took seriously as a reflecting of its commitment to a developmental and collaborative approach that does not minimise or undermine the views of all stakeholders. This approach is shared by the Gauteng Provincial Government which, as indicated, is engaging a developmental and people-centered approach to this process. 

We would like to implore all spaza shops and food-handling facilities to utilise this opportunity to apply for the registration of their businesses. This extension should not be seen as a time for relaxation, but as an opportunity to ensure that all necessary compliance is done. This includes the obtaining of the necessary health and environmental certificates as well as other necessary documents that will ensure compliance with the process. For the Gauteng Provincial Government, this extension is also an opportunity to expedite the processes underway in municipalities, including but not limited to the drafting and adoption of the Spaza Shop Policy previously outlined. 

Conclusion 
We must once again emphasise that this compliance process is necessary for us to ensure the highest standards of safety in spaza shops and food-handling services that serve our communities. The horrors that the people of Gauteng and South Africa at large  have experienced in the deaths and hospitalisations of our children should never happen again. We all have a role to play in ensuring that we are never again condemned to this brutal reality. For this reason, the Gauteng Provincial Government wishes to implore all spaza shops and food-handling facilities to partake in this extended application process. 

The provincial government will continue to provide the necessary updates as they occur, in line with our commitment to transparency and good accountability. 

For more information, please contact Castro Ngobese, Spokesperson for the MEC of Finance and Economic Development on castro.ngobese@gauteng.gov.za or 060 997 7790
 

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