Lack of social protection for informal traders
Date: 13 Dec 2024
By Nothemba Sonjica
In the wake of alarming food poisoning incidences in schools and in townships, the Gauteng Department of Education decided to temporarily suspend all food sales at school tuckshops and nearby vendors.[1] Although the suspension is justified, it has highlighted the vulnerability of informal traders who receive no form of social assistance from government.
As part of the Sustainable Development Goals,[2] the 2030 Agenda for Sustainable Development under the goal to eradicate poverty in all forms provides that States must “implement nationally appropriate social protection systems and measures for all, including floors, and by 2030 achieve substantial coverage of the poor and the vulnerable.”
Having ratified the International Covenant on Economic, Social and Cultural Rights,[3] South Africa should take cognisance of the United Nations Committee on Economic, Social and Cultural Rights General Comment on the right to social security[4] which provides that the social security system of member states should cover workers including “part-time workers, casual workers, seasonal workers, and the self-employed, and those working in atypical forms of work in the informal economy and most importantly benefits should be provided to cover periods of loss of earnings by persons who are requested not to report for work during a public health or other emergency.” The increase in incidences of food poisoning is a public health issue. Although it has not been declared an emergency, it has resulted in those in the informal sector losing income due to the suspension of food sales and tuckshops.
The inequality in the informal sector has a gendered effect as women have been found to participate in the informal economy more than men.[5] Additionally, research has shown 85 percent of workers in the informal sector are black.[6] The above-mentioned gap in the social security system is not new to South Africa, the vulnerability of those in the informal sector has been highlighted in policy and legislative reform dialogues yet the inequality in this space has not been addressed.
Currently, there are no social systems in place to allow those who have lost income due to the suspension of all food sales in schools to claim from any social assistance or social insurance schemes. There is also no clarity as to how long the investigations regarding the food poisoning will take, many of the women are vendors who run tuckshops to support their families with their earnings.
Against this backdrop, the informal sector in South Africa is plagued by stark inequalities, disproportionately affecting women and black workers. The vulnerability of informal sector workers remains unaddressed. The current suspension of food sales in schools has exacerbated the situation, leaving vendors and tuckshop owners without a safety net or access to social assistance or insurance schemes. The prolonged uncertainty surrounding the investigations into food poisoning will have devastating ripple effects on poor communities, where these women are often the primary breadwinners.
Nothemba Sonjica is a Legal Officer at the CGE
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Footnotes
[1] Gauteng News “The Gauteng Department of Education Suspends Tuckshops and School Food Sales Due To Rise in Food Poisoning Illnesses” 8 November 2024 available at https://gauteng.net/news/the-gauteng-department-of-education-suspend-shops/ accessed 12 November 2024.
[2] 2030 Agenda for Sustainable Development Goals 2015.
[3] International Covenant on Economic, Social and Cultural rights 1966, United Nations General Assembly Resolution 2200A.
[4] Committee on Economic, Social and Cultural Rights, General Comment 19, E/C.12/GC/19, adopted 3 November 2007, page 5 – 6.
[5] Smit & Mpedi “Social protection for developing countries: Can social insurance be more relevant for those working in the informal economy?”, Law Democracy and Development (14) 2010, page 174.
[6] Smit & Mpedi “Social protection for developing countries: Can social insurance be more relevant for those working in the informal economy?”, Law Democracy and Development (14) 2010, page 174.