GAZETTE REPORTER
Court documents have revealed that Gaborone City Council (GCC) inspected and fined Spar Broadhurst after a customer allegedly suffered food poisoning from consuming expired Spar-branded mabele mageu purchased from the supermarket.
The revelations are contained in a High Court case in which Gaborone resident Again Pachawo is suing Tsetseng Retail Group (Pty) Ltd, trading as Spar Broadhurst, for damages arising from what he claims were injuries sustained after consuming the allegedly expired product.
‘EXPIRED MAGEU’
According to correspondence filed before court, Pachawo reported the matter to GCC on May 19, 2025, after allegedly buying and consuming the mageu before falling ill.
In a letter dated July 11, 2025, the council confirmed that Pachawo presented a carton of the mageu to inspectors, who found that it carried a best-before date of May 7, 2025. Following the complaint, GCC inspectors conducted an inspection at Spar Broadhurst on May 20, 2025.
The inspection found that the expired mageu was no longer available for sale at the supermarket, as it had been removed from shelves and placed in a condemned goods storage area. However, inspectors found other hygiene-related concerns at the premises.
FINED
“Broadhurst Spar was fined for trading under unhygienic conditions in accordance with the Council’s authority under the Food Control Act,” the Town Clerk’s office said in its correspondence. The council confirmed that the retailer had since paid the fine, stating that proof of payment was held on record.
GCC further explained that no laboratory testing was conducted on the mageu because expired food products are automatically considered unfit for human consumption and are required to be destroyed.
The council said inspectors acted under Section 6 of the Food Control Act, which empowers them to inspect premises and seize products where necessary.
LEGAL CLAIM
The development has since become central to Pachawo’s legal claim, with his lawyers arguing that the council’s findings support allegations that Spar failed to comply with food safety requirements.
In correspondence to Spar’s lawyers, Bogopa Manewe Tobedza & Co. argued that the retailer acknowledged responsibility by completing a “Reported Public Liability Occurrence” form and indicating that it would cover Pachawo’s medical expenses.
The lawyers further contend that the subsequent inspection, enforcement action and fine imposed by GCC demonstrate that the supermarket had breached food safety standards.
According to court papers, Pachawo alleges that he became ill shortly after consuming the mageu, and was hospitalized. His legal team has attached medical documentation indicating that he remains under specialist assessment.
However, Spar Broadhurst has not admitted liability.
Through its attorneys, Minchin & Kelly Botswana, the retailer said it would not respond to all allegations at that stage and cautioned that its correspondence should not be interpreted as an admission of responsibility.
The company has requested a comprehensive medico-legal report detailing Pachawo’s injuries, treatment, prognosis, future medical needs and any permanent impairment before considering the claim further.
The matter remains before the High Court.