The Nelson Mandela Bay Municipality has warned property owners who lease their properties to spaza shop owners that failure to comply with land use, zoning and other municipal by-laws could result in enforcement action.
This as the municipality in the Eastern Cape intensifies compliance inspections.
The municipality said some property owners have been reluctant to submit the required compliance applications because they fear that changes to their financial status could affect benefits received through the Assistance to the Poor Programme (ATTP).
According to the municipality's By-law Enforcement Task Team which is coordinated through the Office of the Chief Operating Officer, compliance levels remain low despite ongoing enforcement efforts launched following President Cyril Ramaphosa's call for all spaza shop operators and property owners to register and comply with applicable legislation.
In November 2024, President Ramaphosa called for all spaza shops and food-handling facilities to register with their respective municipalities.
The task team said inspections have also discovered widespread non-compliance with food handling and related public health by-laws.
The municipality reminded property owners and spaza shop operators that compliance is not optional but is required in terms of applicable national legislation and municipal by-laws.
“Businesses operating within Nelson Mandela Bay must comply with the provisions of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) (SPLUMA), the Nelson Mandela Bay Municipality Land Use Scheme and Zoning Scheme, as well as the Municipality's applicable by-laws governing business operations.
“In addition, all businesses that prepare, store or sell food must comply with Regulations Governing General Hygiene Requirements for Food Premises, the Transport of Food and Related Matters (R638 of 2018), together with the Municipality's Public Health By-laws,” the municipality said.
The municipality said these legislative prescripts empower municipalities to enforce compliance in the interest of public health, food safety, proper land use and the protection of communities.
The municipality said the By-law Enforcement Task Team is expected to intensify inspections from this week, with a special focus on spaza shop registration and licensing, land use and zoning compliance, and adherence to food safety and hygiene standards.
The multi-agency task team includes the South African Police Service, Metro Police, Nelson Mandela Bay Municipality Security Services, Human Settlements Directorate, the Border Management Authority, the Eastern Cape Liquor Board, the municipality's Public Health Directorate, Traffic Services and other relevant stakeholders. – SAnews.gov.za
