Abstract:
The right to food is a recognised human right, particularly
within socio-economic rights. In South Africa, this right is still evolving
but has become increasingly significant as global hunger worsens.
Importantly, the right to food means not the right to be given food, but
the right to access safe, nutritious and affordable food, which is crucial
for health and development. Malnutrition, especially in low and middleincome countries, affects both children and adults. It includes various
forms of undernutrition and micronutrient deficiencies that impair the
body’s ability to grow and function properly. There are also challenges
related to obesity and diet-related non-communicable diseases, which
have become major public health concerns. NCDs such as heart disease
and cancer often stem from poor diets and lifestyle choices. In South
Africa, unhealthy eating habits – such as the consumption of foods high
in sugar, salt and unhealthy fats – have contributed to the rise in these
conditions, especially in lower-income communities where healthier
food is less accessible for different vulnerable groups. South Africa’s health system is burdened by a combination of communicable and noncommunicable diseases, making the need for preventative measures
more urgent. Regulatory interventions are crucial to managing this
health crisis. This article emphasises the need for stronger legislation,
particularly around food labelling and advertising, to protect consumers.
The article analyses the right to food and food insecurity from a national
and global perspective, as well as conducting a review of case law
surrounding food rights. The article will further discuss South Africa’s
food law and regulatory interventions to combat NCDs, focusing on
consumer protection through labelling and advertising regulations,
particularly the proposed new regulations, which are yet to be passed,
on labelling and advertising of foodstuffs.
