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Standards Authority impeded by legal loopholes

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Minister for Commerce, Industry and Trade Manqoba Khumalo flanked by (from right) Senate President Lindiwe Dlamini, Senator Lindiwe Ngwenya and Senator Ngome Ndlangamandla. This was during the second day of the consultative meeting between the ministry and senators on the operations of ESWASA and ESCC. (Pic: Timothy Simelane)
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MBABANE – The Eswatini Standards Authority (ESWASA) has revealed that loopholes in the law governing standards compliance are preventing it from taking action against manufacturers and businesses that sell potentially unsafe products to consumers.

Presenting before senators, ESWASA Executive Director Ncamiso Mhlanga said the legislation establishing the authority makes compliance with many standards voluntary, significantly limiting its ability to regulate products on the market.

Mhlanga said the situation has effectively reduced ESWASA’s role to that of a service provider rather than a regulator.

“The law says compliance is voluntary. We ask companies to bring their products for certification, but many choose not to comply and there is nothing we can do,” he said.

He said the authority is particularly concerned about products that have a direct impact on public health and safety.

“It’s not true that everything must be mandatorily approved by ESWASA, but there are products that directly affect people’s lives, such as food, that should comply with standards,” he said.

Mhlanga cited reports of substandard sanitary towels and electrical cables being sold in some outlets, saying government institutions often lack the legal authority to intervene.

“I called the director of health services to ask about sanitary pads that are not up to standard, but they told me their scope of work does not give them the mandate to deal with that,” he said.

He further alleged that some retail outlets were selling electrical cables of poor quality that posed a fire risk to consumers.

“We were told there are shops selling electrical cables that are not of the required standard and these can lead to houses burning down,” he said.

According to Mhlanga, local authorities are similarly constrained.

“We approached city councils and they told us their laws only allow them to remove products from shelves if they have exceeded their expiry dates,” he said.

The ESWASA chief also highlighted the country’s limited testing infrastructure, saying Eswatini lacked adequately accredited laboratories to conduct certain tests and verify product safety.

“The nation lacks facilities to test some products. There may be facilities available, but they are not accredited to ensure that testing is foolproof,” he said.

He stressed that proper testing is essential to ensure products, particularly food items, do not pose health risks to consumers.

*Full article available on Pressreader*  

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