PROPERTY OWNERS URGED TO COMPLY WITH BY-LAWS OR FACE ENFORCEMENT ACTION
Published: July 03, 2026<< BACK TO NEWS
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The Nelson Mandela Bay Municipality has warned property owners who lease their properties to spaza shop owners against disregarding land zoning and other by-law compliance requirements in an attempt to avoid losing their Assistance to the Poor Programme (ATTP) benefits.
Following the coordinated by-law enforcement programme initiated after the call by the President of South Africa for all spaza shop owners and property owners to register and comply with the applicable legislation, the Nelson Mandela Bay Municipality intensified its by-law enforcement operations, focusing on both spaza shop owners and property owners.
According to the By-law Enforcement Task Team, coordinated through the Office of the Chief Operating Officer (COO), there has been a poor response to compliance requirements as prescribed by law. The Task Team has established that part of the poor response is due to some property owners refusing to submit the necessary compliance applications for fear that doing so could result in the cancellation of their municipal benefits, including those received through the Assistance to the Poor Programme (ATTP), due to a change in their financial status. The Task Team has also discovered poor compliance with food handling and related public health by-laws.
All property owners and spaza shop operators must note that compliance is not optional but is required in terms of applicable national legislation and municipal by-laws. Businesses operating within Nelson Mandela Bay must comply with the provisions of 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. In addition, all businesses that prepare, store or sell food must comply with 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. These legislative prescripts empower municipalities to enforce compliance in the interest of public health, food safety, proper land use and the protection of communities.
The By-law Enforcement Task Team will, from next week, intensify its operations with a special focus on spaza shop licensing, land zoning compliance and food handling requirements.
The By-law Enforcement Task Team comprises the South African Police Service (SAPS), 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.
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