Port elizabeth: The Nelson Mandela Bay Municipality has issued a stern warning to property owners leasing their premises to spaza shop operators, emphasizing that non-compliance with land use, zoning, and other municipal by-laws could lead to enforcement actions. This announcement comes as the municipality in the Eastern Cape ramps up its compliance inspections.
According to South African Government News Agency, the municipality has observed that some property owners have been hesitant to submit the necessary compliance applications. This reluctance is largely due to concerns that alterations in their financial standing might impact benefits received through the Assistance to the Poor Programme (ATTP).
The municipality's By-law Enforcement Task Team, coordinated via the Office of the Chief Operating Officer, reported that compliance levels remain alarmingly low. This is despite continued enforcement efforts initiated following President Cyril Ramaphosa's directive urging all spaza shop operators and property owners to register and adhere to relevant legislation.
In November 2024, President Ramaphosa demanded that all spaza shops and food-handling facilities register with their local municipalities. The task team has also found significant non-compliance with food handling and associated public health by-laws during their inspections.
The municipality reiterated to property owners and spaza shop operators that compliance is a mandatory requirement, dictated by national legislation and municipal by-laws. Businesses operating within Nelson Mandela Bay are obliged to adhere to 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, along with the Municipality's applicable by-laws governing business operations.
Furthermore, all businesses involved in preparing, storing, or selling food must meet the Regulations Governing General Hygiene Requirements for Food Premises, the Transport of Food and Related Matters (R638 of 2018), in conjunction with the Municipality's Public Health By-laws.
The municipality highlighted that these legislative frameworks empower municipalities to enforce compliance to safeguard public health, food safety, proper land use, and community protection. It was also noted that the By-law Enforcement Task Team is poised to escalate inspections from this week, with a particular 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 comprises 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 pertinent stakeholders.