To the owners of Cleary Park Shopping Centre.
I am lodging a formal, urgent public health and safety complaint regarding the condition of sanitation facilities at the shopping centre.
Today, all the male restroom facilities in the shopping centre did not have running water available for handwashing.
In addition, multiple toilet cubicle doors are unable to lock, rendering the facilities unusable in a manner that preserves basic dignity, privacy and safety.
This creates an immediate and serious public health risk in a high-traffic public environment.
This matter is not new.
I previously raised concerns with the centre’s management in October, at which time I was informed that remediation was “in the pipeline”.
Several months later, no effective action has been taken, and the situation has deteriorated significantly.
The conditions constitute serious breaches of South African laws and regulations, including but not limited to:
- The National Health Act, 2003 (Act No 61 of 2003).
Failure to maintain basic sanitation standards poses a direct risk to public health.
• Regulations Governing General Hygiene Requirements for Food Premises (R638 of 2018).
Public-access facilities must provide adequate handwashing facilities with running water, particularly in environments where food is handled or sold.
- Occupational Health and Safety Act, 1993 (Act No 85 of 1993).
Employees working within the shopping centre are [allegedly] exposed to unsafe and unhygienic conditions, in violation of workplace safety obligations.
- Consumer Protection Act, 2008 (Act No. 68 of 2008).
The public is entitled to services that are safe and of acceptable quality. These conditions fall far below that standard.
- Constitution of the Republic of SA, 1996 (Section 10 — human dignity).
The failure to provide functional, private sanitation facilities — particularly where cubicle doors cannot be secured —undermines the dignity and privacy of users.
- Municipal health bylaws enforced by the Nelson Mandela Bay municipality.
Public facilities are required to maintain proper sanitation and hygiene standards. Non-compliance may result in enforcement action.
This issue was reported in October, and no corrective action has been taken. This demonstrates:
- Prior knowledge of the issue;
- Failure to act within a reasonable timeframe; and
- Potential negligence in maintaining public health standards;
I hereby request:
1. Urgent inspection of the premises by environmental health.
2. Immediate restoration of running water to all restroom facilities.
3. Repair or replacement of all defective cubicle door locks.
4. Full cleaning and sanitation of all affected facilities.
5. A written compliance timeline.
6. Consideration of enforcement action, including possible closure of noncompliant facilities until rectified.
This correspondence has been copied to The Herald in the interest of public awareness, given the seriousness of the health risks involved.
Should this matter not be addressed urgently, it may be subject to public reporting, as it directly affects the health and safety of the public.
I have documented the conditions and attached photographic evidence to this correspondence
The continued operation of restroom facilities without running water, combined with a lack of basic privacy infrastructure, reflects a serious disregard for public health, safety and dignity.
I expect acknowledgment of this complaint and a clear indication of intended action within 48 hours.
Santovenian Oktober
