The Commission commends the Public Protector for undertaking a thorough investigation into matters of significant public concern following the tragic incidents of food-related illnesses and deaths that affected several communities. The report highlights the critical importance of effective governance, coordinated regulation, and institutional accountability in safeguarding public health. The Commission notes the Public Protector’s findings regarding weaknesses in the enforcement of food safety legislation, shortages of environmental health capacity, fragmented coordination among state institutions, and the disproportionate impact of these failures on vulnerable communities.

These observations underscore the central role of the State in fulfilling its constitutional obligations to protect, promote and fulfil fundamental human rights. The Commission emphasises that the right to food extends beyond mere access to sufficient quantities of food. It encompasses access to food that is safe, nutritious, culturally appropriate, and produced, distributed and regulated in a manner consistent with the values of dignity, equality and human rights. Food safety is therefore an essential component of the constitutional right to sufficient food and an indispensable element of public health.

The Commission is presently undertaking its National Food Systems Inquiry, which is examining a broad range of issues affecting the realisation of the right to food in South Africa. These include food insecurity, affordability, nutrition, food safety, governance, climate resilience, land and agrarian systems, market concentration, and the experiences of communities across the country.

While the Commission’s Inquiry remains ongoing and its findings will be set out in its final report, the Public Protector’s report highlights the urgency of strengthening institutional capacity and coordination in areas that are fundamental to the protection of human rights.

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION