MIDDELBURG – A Mpumalanga lawyer says he plans to approach the Constitutional Court in hope of reviewing President Cyril Ramaphosa’s decisions following the food poisoning incidents that claimed the lives of 22 children, allegedly due to food purchased from spaza shops.On Friday, November 15, the President gave all spaza shop owners 21 days to register.Pupil Advocate Muzi Ntuli from Middelburg told the paper that Ramaphosa’s decisions were in violation of the country’s Constitution.Ntuli emphasised the Immigration, Asylum, and Refugee Acts, which he said outline the requirements for anyone entering the country as a refugee, asylum seeker, or immigrant.“We will challenge this. I have examined the President’s address, and there are many loopholes in it,” he said during an interview.“It is clear that our courts will overrule it. When we go to the Constitutional Court, based on what we know, it is a fact that our government has accepted there is a food poisoning crisis. However, it is insufficient for the government to simply say that [illegal spazas] must register within 21 days before starting to enforce the law through arrests and other measures.”Ntuli, who wrote an open letter to the Presidency on October 18, 2024, stated that the government’s decisions insult the integrity and dignity of the people of South Africa.“The President should have ensured immediate implementation and ordered the closure of all tuck shops operating illegally in the country,” Ntuli said.“Ministers are saying one thing, while the President says another. This shows a clear conflict of ideas among our politicians. Ministers claim all tuck shops in the country are operating unlawfully, yet the State is still giving them an opportunity to register.”Ntuli also criticised the registration process. “They will register using whose residential address?” he asked.“Even those renting out their properties must ensure proper rezoning for the premises to operate as a business.”He further argued that no shop should be registered unless it meets these criteria. This, he said, is why they are seeking to review what he deems an unlawful decision.“We are seeking clarity from the Constitutional Court on whether foreign nationals instructed to register within 21 days meet the requirement of a R5 million investment,” he said.
