Pretoria: Nelson Mandela Bay 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 comes as the municipality in the Eastern Cape intensifies compliance inspections.
According to South African Government News Agency, the municipality stated that some property owners have been reluctant to submit the required compliance applications due to concerns that changes to their financial status could affect benefits received through the Assistance to the Poor Programme (ATTP).
The municipality's By-law Enforcement Task Team, coordinated through the Office of the Chief Operating Officer, has noted that compliance levels remain low despite ongoing enforcement efforts. These efforts were ramped up following President Cyril Ramaphosa's 2024 call for all spaza shop operators and property owners to register and comply with applicable legislation.
Inspections have revealed widespread non-compliance with food handling and related public health by-laws. The municipality emphasized that compliance with these laws is mandatory under national legislation and municipal by-laws.
Businesses in Nelson Mandela Bay are required to adhere to 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. Additionally, businesses involved in food preparation, storage, or sales must comply with the Regulations Governing General Hygiene Requirements for Food Premises, the Transport of Food and Related Matters (R638 of 2018), and the Municipality's Public Health By-laws.
The legislative framework empowers municipalities to enforce compliance to safeguard public health, food safety, proper land use, and community protection. The By-law Enforcement Task Team plans to intensify inspections, focusing 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.
