ActionSA is extremely disappointed and concerned with education MEC, Matome Chiloane’s, recent response to question number 5.ED0084, in which we enquired about the issues surrounding the recent ban on registered vendors in Gauteng schools, which was purportedly implemented in response to food poisoning incidents across the province. Based on the MEC’s response, it is unclear if the government would compensate the loss of income of registered vendors who were prohibited from selling in schools without following the necessary procedures.
MEC Chiloane’s move appears to be both unfair and a violation of their rights. The Constitution of the Republic of South Africa, 1996, enshrines the right to fair administrative action (Section 33) and the right to trade, occupation, and profession (Section 22). These fundamental rights ensure that individuals can engage in their economic activities without undue interference, provided they comply with legal requirements. By banning these registered vendors without evidence linking them to the food poisoning incidents, the Department of Education infringed upon these constitutional rights.
Moreover, the Promotion of Administrative Justice Act, 2000 (PAJA), mandates that administrative actions must be lawful, reasonable, and procedurally fair. The sudden ban, lacking substantiated grounds and without offering these vendors an opportunity for representation via the SGB, constitutes a breach of PAJA provisions. The regulations: Safety measures at public schools which he cites in his response to us also needs to be applied within the scope of the PAJA to ensure fair administrative action.
ActionSA finds it unacceptable that, despite being cleared of any involvement in the food poisoning incidents, these vendors have received no support or compensation plan to mitigate their financial losses. These vendors, many of whom are older women striving to support their families, have suffered considerable income loss due to this abrupt and unwarranted ban.
ActionSA therefore calls upon the Department of Education to:
- Compensate the affected vendors for the average income they would have earned during the period they were banned.
- Implement measure to ensure that future administrative actions are conducted in accordance with the principles of fairness and justice as outlined in the Constitution and PAJA.
- Develop a comprehensive support plan for registered vendors to ensure their rights and livelihoods are protected in the future.
- Establish a single comprehensive standard process for vendor registration in schools across the province, and ensure the Department provides a support system to fully exemplify the process to all vendors.
- The Department shall ensure extra assistance and education is provided in the registration process to all vendors, particularly those who are elderly, prior to the opening of the 2025 school year.
Having written to the MEC before to request a meeting following his announcement of the ban – which letter was neither acknowledged nor responded to – ActionSA hopes that the letter we sent will receive a positive response on this issue and ensure that those vendors are compensated for their lost income, and steps are taken to prevent this from happening in the future.
ActionSA Writes to Education MEC to Express Disappointment With his Recent Response to Question on the Compensation of School Vendors who Lost an Income During the Ban of Food Sales
ActionSA is extremely disappointed and concerned with education MEC, Matome Chiloane’s, recent response to question number 5.ED0084, in which we enquired about the issues surrounding the recent ban on registered vendors in Gauteng schools, which was purportedly implemented in response to food poisoning incidents across the province. Based on the MEC’s response, it is unclear if the government would compensate the loss of income of registered vendors who were prohibited from selling in schools without following the necessary procedures.
MEC Chiloane’s move appears to be both unfair and a violation of their rights. The Constitution of the Republic of South Africa, 1996, enshrines the right to fair administrative action (Section 33) and the right to trade, occupation, and profession (Section 22). These fundamental rights ensure that individuals can engage in their economic activities without undue interference, provided they comply with legal requirements. By banning these registered vendors without evidence linking them to the food poisoning incidents, the Department of Education infringed upon these constitutional rights.
Moreover, the Promotion of Administrative Justice Act, 2000 (PAJA), mandates that administrative actions must be lawful, reasonable, and procedurally fair. The sudden ban, lacking substantiated grounds and without offering these vendors an opportunity for representation via the SGB, constitutes a breach of PAJA provisions. The regulations: Safety measures at public schools which he cites in his response to us also needs to be applied within the scope of the PAJA to ensure fair administrative action.
ActionSA finds it unacceptable that, despite being cleared of any involvement in the food poisoning incidents, these vendors have received no support or compensation plan to mitigate their financial losses. These vendors, many of whom are older women striving to support their families, have suffered considerable income loss due to this abrupt and unwarranted ban.
ActionSA therefore calls upon the Department of Education to:
Having written to the MEC before to request a meeting following his announcement of the ban – which letter was neither acknowledged nor responded to – ActionSA hopes that the letter we sent will receive a positive response on this issue and ensure that those vendors are compensated for their lost income, and steps are taken to prevent this from happening in the future.