GQEBERHA, Eastern Cape — As Nelson Mandela Bay spaza shop compliance becomes a critical priority for local authorities, the municipality has issued a stark warning to property owners: leasing premises to non-compliant informal traders will trigger strict enforcement action. Local government is making it clear that turning a blind eye to land use, zoning regulations, and municipal by-laws will result in severe operational and legal consequences.
The Eastern Cape metro is significantly ramping up its compliance inspections, but the By-law Enforcement Task Team—operating under the Office of the Chief Operating Officer—has encountered an unexpected roadblock. Officials report that compliance levels remain stubbornly low despite ongoing regulatory efforts. The root cause? Many landlords are actively avoiding the submission of mandatory compliance applications. Their reluctance stems from a widespread fear that formalizing their rental income and altering their financial status could disqualify them from receiving vital social support through the Assistance to the Poor Programme (ATTP).
This local hesitation persists despite a major national push to formalize the sector. In November 2024, President Cyril Ramaphosa issued a directive calling on all spaza shop operators and food-handling facilities nationwide to register with their local municipalities and adhere to the law. However, recent sweeps by the task team have revealed alarming levels of non-compliance, particularly concerning food handling protocols and public health by-laws, posing direct risks to consumers.
Municipal leadership is stressing that adherence to these regulations is entirely non-negotiable for both landlords and operators. Businesses must operate within the strict guidelines of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013), commonly known as SPLUMA. Furthermore, they must align with the Nelson Mandela Bay Municipality Land Use Scheme, the Zoning Scheme, and all relevant commercial by-laws governing business operations.
For establishments dealing with food, the regulatory net is equally tight. The municipality highlighted that anyone preparing, storing, or selling food must strictly follow the Regulations Governing General Hygiene Requirements for Food Premises, the Transport of Food and Related Matters (R638 of 2018), alongside the city’s Public Health By-laws. Authorities note that these specific legislative tools are essential, as they empower municipalities to enforce standards that ensure public health, guarantee food safety, manage urban land use, and ultimately protect local communities.
To turn the tide on these violations, the By-law Enforcement Task Team is set to heavily escalate its inspection operations starting this week. The renewed blitz will zero in on three main pillars: spaza shop registration and licensing, strict land use and zoning compliance, and rigorous food safety and hygiene standards.
Executing this massive crackdown requires a robust, collaborative approach. The specialized multi-agency task team comprises a wide array of state and municipal entities, including the South African Police Service (SAPS), Metro Police, Nelson Mandela Bay Municipality Security Services, the Human Settlements Directorate, the Border Management Authority, the Eastern Cape Liquor Board, the Public Health Directorate, Traffic Services, and various other key stakeholders.