The political temperature in Tshwane has risen sharply following comments by political leader Herman Mashaba regarding undocumented foreign nationals operating spaza shops.

Mashaba, known for his strong stance on immigration enforcement, recently stated that undocumented foreigners would be chased away from running spaza shops.

The statement quickly drew attention and triggered a wave of reactions from political figures and community members alike.

Among the most vocal responses came from an EFF Member of the Mayoral Committee within the City of Tshwane Metropolitan Municipality.

The official publicly criticized Mashaba’s remarks, arguing that they misrepresent the legal powers held by municipalities.

According to the MMC, immigration enforcement is not the responsibility of local government.

Instead, that authority lies with the national government, specifically the Department of Home Affairs.

The official stressed that metropolitan municipalities like Tshwane cannot independently remove undocumented migrants or take direct immigration enforcement action without coordination with national authorities.

Any attempt to do so, they argued, would fall outside the legal mandate of local government structures.

The statement highlights a fundamental tension within South Africa’s governance system.

While municipalities are responsible for regulating local businesses, enforcing bylaws, and ensuring public health compliance, immigration policy and enforcement remain firmly within the jurisdiction of national government.

This division of responsibility often creates confusion when issues involving foreign nationals intersect with local economic activity.

Spaza shops—small informal retail stores typically located in townships—are a prime example of that overlap.

For decades, spaza shops have played a crucial role in township economies.

They provide convenient access to basic goods, create employment opportunities, and serve as important micro-businesses within local communities.

However, the ownership and operation of these businesses have increasingly become a topic of political debate.

Many spaza shops are operated by foreign nationals, particularly migrants from countries such as Somalia, Ethiopia, Pakistan, and Bangladesh.

In many cases, these entrepreneurs have established extensive networks that allow them to purchase goods in bulk, maintain competitive prices, and operate extended hours.

While some communities appreciate the affordability and convenience these shops offer, others argue that the dominance of foreign-run businesses has squeezed out local entrepreneurs.

This tension has periodically erupted into political disputes and, at times, even violence.

Mashaba’s recent remarks appear to tap directly into that broader frustration among certain segments of the population.

His comments suggested that undocumented foreign nationals operating spaza shops would be removed, a message that resonates with voters who believe stricter immigration enforcement is necessary to protect local economic opportunities.

But the EFF MMC warned that such statements could mislead the public about how immigration laws actually function.

According to the official, municipalities simply do not have the legal authority to enforce immigration policy independently.

Their role is limited to ensuring that businesses comply with municipal bylaws, health standards, and registration requirements.

Anything beyond that falls within the scope of national departments.

The MMC also raised concerns about the timing of Mashaba’s remarks.

With elections approaching, the official suggested that some political leaders might be using immigration issues to mobilize support or appeal to voter frustration.

They argued that rather than making politically charged statements, the country should focus on addressing deeper systemic problems—particularly corruption and inefficiencies within the Department of Home Affairs.

These issues, they said, often undermine effective immigration enforcement.

The debate is unfolding against the backdrop of recent national reforms affecting spaza shop regulation.

In November 2024, President Cyril Ramaphosa announced stricter rules governing spaza shops and food-handling businesses following a series of tragic incidents involving foodborne illnesses.

Several outbreaks across the country reportedly resulted in the deaths of more than 20 children, prompting widespread concern about food safety in informal retail environments.

In response, the government introduced new regulatory measures aimed at improving oversight and protecting public health.

Under the directive, all spaza shops and food-related businesses were required to register with their respective municipalities within 21 days of the announcement on November 15, 2024.

Businesses that failed to comply with registration requirements, health regulations, or municipal bylaws faced the possibility of immediate closure.

The directive also introduced stricter immigration compliance measures.

One of the most significant provisions made it a criminal offense for South African citizens to register businesses on behalf of undocumented foreign nationals—a practice commonly known as fronting.

Authorities believe fronting has been widely used to bypass immigration restrictions, allowing undocumented individuals to operate businesses under the names of South African citizens.

By criminalizing this practice, the government aimed to close what many officials viewed as a significant loophole in the system.

In Tshwane, the impact of the directive was immediately visible.

Municipal officials reported receiving more than 4,000 spaza shop registration applications during the registration window.

According to municipal data, approximately 54 percent of those applications were submitted by South African citizens, while roughly 46 percent came from foreign nationals seeking to operate businesses legally within the city.

These figures illustrate the complex reality of township commerce.

Foreign nationals are clearly a significant part of the spaza shop ecosystem.

But the data also shows that many South African citizens remain actively involved in the sector.

The MMC further explained that many foreign-run spaza shops operate through rental agreements with South African property owners.

In other cases, business partnerships exist in which a South African citizen holds the permit or registration while foreign nationals manage daily operations.

These arrangements, while often legal, add additional layers of complexity to the debate.

They demonstrate how deeply intertwined local and migrant entrepreneurship have become in township economies.

For policymakers, this reality makes simple political solutions difficult.

Removing undocumented operators may appear straightforward in theory, but in practice it requires coordination across multiple levels of government—municipal, provincial, and national.

It also requires careful enforcement of immigration laws without undermining local economic stability.

Communities across South Africa rely heavily on spaza shops for everyday necessities.

Any sudden disruption to that ecosystem could have unintended consequences.

The ongoing political clash between the EFF and Mashaba therefore reflects a broader national dilemma.

How should South Africa regulate informal township economies while ensuring fairness for both local citizens and legal migrants?

How should immigration laws be enforced without fueling xenophobic tensions?

And perhaps most importantly, how can different levels of government work together rather than shifting responsibility from one institution to another?

For now, those questions remain unresolved.

But as political leaders continue to debate the issue—and as elections draw closer—the future of spaza shop regulation is likely to remain one of the most sensitive and contested topics in South African politics.

Because behind every policy argument lies something much bigger than a single business license.

It is about economic survival, national identity, and the fragile balance between law and opportunity.