With the deadline for the registration of spaza shop owners and other food handling facilities drawing closer, government has warned the public against fronting for business owners who do not possess the required documentation for trading.
“During the initial period of the registration cycle, it has come to our attention that there are concerning incidents of fronting by illegal foreign nationals and in most instances aided by local business owners, landlords and ordinary members of the public,” the National Joint Operational and Intelligence Structure (NATJOINTS) said on Thursday.
The NATJOINTS emphasised that this practice is a punishable criminal offence in terms of section 42 of the Immigration Act.
“Section 42 of the Immigration Act prohibits anyone, South African or foreigners from aiding, assisting and abetting illegal foreigners in any way, including registering a business on their behalf.
“Foreigners who are legally in the country either through a valid asylum, visa or permanent resident status are also obliged to abide by the terms and conditions of their status in terms of the Immigration Act.
“Government will continue to monitor this phenomenon as the deadline for registration looms and anyone who is found to be in contravention of the legal requirements will be subjected to the full might of the law this may include the possibility of closure of business,” the NATJOINTS said.
This as the deadline for registration is 28 February 2025.
Business owners must adhere to all the applicable legal requirements relating to the registration and ownership of a business in South Africa – compliance is not a once off matter upon registration but rather continuous throughout the life cycle of the business.
“In addition to the requirements prescribed in the Businesses Act 71 of 1971, and municipal by-laws related to conducting a business, business owners must comply with the requirements of the Immigration Act, 2002 (Act No. 13 of 2002) (Immigration Act) as administered by the Department of Home Affairs,” the NATJOINTS said.
Spaza Shop owners and other food handling facilities are left with less than two weeks to register their businesses with municipalities to ensure they are compliant with the law.
“The registration is open on business days only and excludes public holidays and weekends. Business owners who are eligible to register for this purpose are urged to visit their registration centres in their respective municipalities,” the NATJOINTS said.
Last year, President Cyril Ramaphosa called for all spaza shops and food-handling facilities to register with their respective municipalities as part of decisive measures to address recurring foodborne illnesses.
When the pronouncement was made last November, all spaza shops and food-handling facilities had to register with their respective municipalities within 21 days. However, the deadline for registration was extended to 28 February 2025.
“The end of the registration period, on the 28 February 2025, does not in any way suggest that the foodborne illness challenges have been fully addressed as more work still needs to be done to ensure that this sector is fully regulated and that it adheres to applicable legislation and health regulations,” NATJOINTS said.
According to the NATJOINTS, registration of the business alone does not mean that a business is eligible to trade.
“To obtain a licence or a permit to trade in food handling, business owners must also comply with all health regulations and municipal by-laws related to conducting such a business.
“As mentioned previously, there will be zero tolerance for non-compliance with health, environmental and food handling regulations and other requirements, even as we allow time for others to first register their applications and secondly have their final business licenses issued.
“The message is therefore clear and simple, where a business does not comply with health, environmental and food handling regulations and other requirements, they will not be allowed to trade. This will apply for both registered and non-registered businesses,” NATJOINTS said. - SAnews.gov.za
