The right to food in South Africa : a consumer protection perspective

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.