Nelson Mandela Bay Warns Property Owners Over Spaza Shop Compliance

According to the municipality, compliance levels remain low despite ongoing awareness and enforcement efforts coordinated through the Office of the Chief Operating Officer.

The Nelson Mandela Bay Municipality has warned property owners leasing buildings to spaza shop operators that failure to comply with land use, zoning and public health regulations could lead to enforcement action. The warning comes as the municipality steps up inspections aimed at improving compliance with business registration, food safety and municipal by-laws.

Municipality steps up inspections across the metro

The municipality said its By-law Enforcement Task Team will intensify inspections from this week, focusing on the registration and licensing of spaza shops, compliance with land use and zoning requirements, and adherence to food hygiene standards. The enforcement campaign follows President Cyril Ramaphosa's call in November 2024 for all spaza shops and food-handling businesses to register with their respective municipalities and comply with relevant legislation.

According to the municipality, compliance levels remain low despite ongoing awareness and enforcement efforts coordinated through the Office of the Chief Operating Officer. Officials said inspections have also uncovered widespread non-compliance with food handling regulations and public health by-laws.

Property owners urged to meet legal requirements

The municipality said some property owners have delayed submitting the required compliance applications because they fear that changes to their financial circumstances could affect benefits received through the Assistance to the Poor Programme (ATTP).

Officials stressed that these concerns do not remove the legal obligation to comply with municipal and national legislation.

Businesses operating within Nelson Mandela Bay are required to comply with the Spatial Planning and Land Use Management Act, 2013 (SPLUMA), the municipality's Land Use Scheme and Zoning Scheme, as well as applicable municipal by-laws governing business operations.

Food businesses must also comply with the 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 these legal requirements are designed to protect public health, ensure food safety and promote responsible land use.

Multi-agency task team to enforce regulations

The By-law Enforcement Task Team brings together several agencies to strengthen compliance efforts across the metro. The team includes 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 municipality's Public Health Directorate, Traffic Services and other relevant stakeholders.

Municipal officials said enforcement activities will continue in the coming weeks, urging both property owners and spaza shop operators to regularise their businesses and comply with all applicable laws to avoid enforcement measures.