IN CONVERSATION WITH ADV THAPELO MATSWIKI
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In a developing story we’ve been following closely, the Forum for South Africa (FOSA) has received a response from the Department of Small Business Development — but not without frustration.
Following FOSA's formal memorandum and a legal threat issued earlier this week, the department finally responded today, the very day the deadline expired. This last-minute communication came only after FOSA's Head of Legal, Advocate Matswiki, notified the department on Monday that legal action would be initiated if no reply was received by the end of the day.
While the department has now agreed to a meeting with FOSA, the organisation believes this is nothing more than a delay tactic — designed to stall rather than address their demand for accountability regarding the issue of illegal spaza shops and the loss of young lives linked to them.
According to FOSA, the department’s response is strategic and evasive, as it shifts responsibility to local municipalities. This comes despite previous communication from the Minister of Cooperative Governance and Traditional Affairs (CoGTA), Minister Hlabisa, who clearly referred the matter to the Minister of Small Business Development, stating it falls under her portfolio.
FOSA has expressed disappointment that Minister Stella Ndabeni-Abrahams did not engage directly with the matter and instead delegated it to the Director-General. That official only responded today, right as the legal clock was about to run out.
Still, in the interest of justice for families who have lost loved ones — and to ensure no legal loopholes remain — FOSA has agreed to attend the upcoming meeting with the department. As their statement outlines, “If we go to court now and avoid the meeting, we would not have closed all the gaps.”
FOSA insists it remains fully committed to taking the matter to court but wants to ensure its case is water-tight before filing. “We have dedicated the resources to this matter,” the organisation said, “so we will cover every corner so that our matter can please the courts.”
Importantly, FOSA highlights that both the Minister of Small Business Development and the Minister of CoGTA have so far failed to take full accountability. Nonetheless, FOSA will attend the department’s meeting in the coming days as a final step before proceeding with legal action.
📄 Note: FOSA has stated that the official response letter from the department is available upon request
Following FOSA's formal memorandum and a legal threat issued earlier this week, the department finally responded today, the very day the deadline expired. This last-minute communication came only after FOSA's Head of Legal, Advocate Matswiki, notified the department on Monday that legal action would be initiated if no reply was received by the end of the day.
While the department has now agreed to a meeting with FOSA, the organisation believes this is nothing more than a delay tactic — designed to stall rather than address their demand for accountability regarding the issue of illegal spaza shops and the loss of young lives linked to them.
According to FOSA, the department’s response is strategic and evasive, as it shifts responsibility to local municipalities. This comes despite previous communication from the Minister of Cooperative Governance and Traditional Affairs (CoGTA), Minister Hlabisa, who clearly referred the matter to the Minister of Small Business Development, stating it falls under her portfolio.
FOSA has expressed disappointment that Minister Stella Ndabeni-Abrahams did not engage directly with the matter and instead delegated it to the Director-General. That official only responded today, right as the legal clock was about to run out.
Still, in the interest of justice for families who have lost loved ones — and to ensure no legal loopholes remain — FOSA has agreed to attend the upcoming meeting with the department. As their statement outlines, “If we go to court now and avoid the meeting, we would not have closed all the gaps.”
FOSA insists it remains fully committed to taking the matter to court but wants to ensure its case is water-tight before filing. “We have dedicated the resources to this matter,” the organisation said, “so we will cover every corner so that our matter can please the courts.”
Importantly, FOSA highlights that both the Minister of Small Business Development and the Minister of CoGTA have so far failed to take full accountability. Nonetheless, FOSA will attend the department’s meeting in the coming days as a final step before proceeding with legal action.
📄 Note: FOSA has stated that the official response letter from the department is available upon request