Government recognizes Constitutional obligation to protect, promote, and fulfil the rights enshrined in the Bill of Rights. This duty takes on even greater urgency in light of the alarming escalation of foodborne illnesses, which have disproportionately affected children and vulnerable communities, leaving a tragic wake of loss and hardship. With over 25 young lives lost to recent food poisoning outbreaks, this growing crisis has highlighted the grave danger foodborne illnesses pose to public health, especially in under-resourced townships and rural areas. Beyond the devastating human cost, these outbreaks threaten livelihoods, disrupt communities, and expose critical gaps in food safety and regulatory compliance.

In response, government has launched an urgent and coordinated intervention to address this pressing challenge. These efforts aim not only to curb the immediate threat but also to build a safer, healthier, and more equitable food ecosystem for all South Africans, ensuring that no community is left behind in the fight against this preventable tragedy.

New By-Law to Empower Township Economies
As part of a comprehensive response, government has introduced a Standard Draft By-Law for Township Economies, under the Local Government: Municipal Systems Act of 2000. This by-law is designed to:
• Support the formalization of small businesses, particularly spaza shops, to ensure compliance with food safety standards and business registration regulations.
• Promote economic inclusion, job creation, and sustainable growth within township communities. The by-law is a pivotal step toward creating safe, thriving township economies, while ensuring public health and safety.

The Disaster Management Act (DMA) provides separately for the classification of a disaster and the declaration of states of disaster at the national (S 27), provincial (S 41) and municipal (S 55) sphere of government.

Classified foodborne illnesses as a national disaster
In addition, on 19 November 2024, the National Disaster Management Centre (NDMC), in accordance with Section 23 of the Disaster Management Act 57 of 2002, classified foodborne illnesses as a national disaster. This classification follows a series of severe illnesses and tragic deaths caused by food poisoning, underscoring the urgent need for coordinated intervention. Classification formally acknowledges the existence or likelihood of a disaster, enabling targeted responses to mitigate its impacts.

The classification of foodborne illnesses as a national disaster seeks to :
1. Promote Risk Avoidance:
o Encourage organs of state, private entities, and communities to adhere to food safety legislation, standards, and procedures.
o Promote compliance with applicable business registration laws to enhance accountability and safety in food production and retail.
2. Facilitate Support Across Spheres of Government:
o Enable collaboration between spheres of government to support the entity primarily responsible for managing the disaster and its consequences.
3. Recommend Multisectoral Action Plans:
o Urge the National Executive, Provincial Executives, and Municipal Councils to develop and implement comprehensive relief and rehabilitation strategies to address the disaster’s effects.

Defining a Disaster
The Disaster Management Act, 2002, defines a disaster as:
• A progressive or sudden, widespread, or localized occurrence—natural or human-induced—that:
1. Causes or threatens to cause death, injury, or disease.
2. Results in damage to property, infrastructure, or the environment.
3. Disrupts community life significantly.
• An event that exceeds the capacity of those affected to manage its effects without external assistance.

Powers of Classification and Declaration
Under the Disaster Management Act, the NDMC holds the authority to classify disasters, based on inputs from Provincial and Municipal Disaster Management Centres. However, the power to declare a state of disaster lies with the Executive leadership of the relevant sphere of government:
• National: The Minister of Cooperative Governance and Traditional Affairs (CoGTA).
• Provincial: The Premier.
• Municipal: The Municipal Council.
It is essential to note that classification does not automatically lead to the declaration of a state of disaster. A declaration is only made following thorough assessments to determine the magnitude and impact of the disaster.

Purpose of Declaring a State of Disaster
Declaring a state of disaster serves to:
• Augment existing legislation and contingency measures through directives or regulations.
• Address scenarios where existing frameworks are insufficient to manage a disaster effectively.
Currently, while foodborne illnesses have been classified as a national disaster, the declaration of a state of disaster is pending further evaluation of the situation.

Parliament, Provincial Legislatures and Councils have legislative competence within the confinements of the Constitution whilst subordinate legislative bodies, such as a Minister, Premiers and Councils do not have original legislative competence. They must act within the confines of the enabling legislation, such as the Disaster Management Act, 2002 insofar as it relates to declaring a state of disaster, issuing Regulations and or issuing Directions.

With the classification, the standard by-laws and other efforts are all geared to ensuring all businesses, especially Spaza Shops are registered to ensure compliance with South African laws in an effort to confront a food poisoning crisis that has so far claimed the lives of about 25 children. The by-laws are a bold statement of government’s commitment to transforming townships into vibrant economic hubs that provide sustainable opportunities for residents.

In terms of section 15(2)(a A), read with Section 23(8)of the Act, the NDMC calls upon organs of state to further strengthen their support to the existing structures to implement their contingency arrangements and legislative mandates to ensure that measures are put in place to enable the National Executive to effectively deal with the effects of this disaster.

Ends –
For media enquiries, kindly contact:
Ms Pearl Maseko-Binqose
Media Liaison Officer for the Minister of CoGTA
+27 (82) 772 1709

Mr. Legadima Leso
CoGTA Head of Communications
+27 (66) 479 9904
Legadimal@cogta.gov.za
Issued by the Ministry of Cooperative Governance and Traditional Affairs