As you are aware, last year the Competition Commission published its Final Report in the Fresh Produce Market Inquiry (FPMI). While the market inquiry was focused solely on the fresh produce value chain, the Commission found that the property sector plays an important role in facilitating access to the market for the retail of fresh produce, particularly for SME retailers of fresh produce, and that limited floor space in shopping centres inhibits expansion by small retailers.

As part of its recommendations, the Commission recommended that SAPOA promote industry initiatives aimed at facilitating the entry of potential new entrants as SME retailer tenants. In addition, the Commission recommended that certain property owners use reasonable commercial endeavours to provide vacant floor to SME Retailers on terms and conditions which are acceptable to both respective parties.

It has now been a year since the publication of the Commission’s Final Report and parties will be expected by the Commission to report on their progress in implementing the recommendations. In line with the recommendations, SAPOA has rolled out a series of webinars aimed at SMME tenants on the basic aspects of commercial leases, covering topics such as landlord and tenant rights and obligations, and remedies on breach. The webinars comprise four courses to be run during the course of the year.*

The Commission may have also directly contacted you recently to remind you of their expectation that affected firms report on the progress of implementation of the recommendation that property owners make vacant space available to SME Retailers of fresh produce. The Commission will expect each individual company subject to the recommendation to report separately on the progress of this recommendation.

To assist with such reporting, SAPOA’s guidance on the information that may be helpful to provide to the Commission for this purpose is as follows:

  • 1.   The number of SME Retailers of fresh produce currently leasing premises from the relevant PropCo.
  • 2.   Whether any new SME Retailers of fresh produce have expressed interest in leasing premises since the conclusion of the FPMI (i.e. since 13 January 2025).
  • 3.   Where new SME Retailers of fresh produce have approached the relevant PropCo, whether there have been any successful lease agreements concluded. Where no lease agreements were ultimately concluded, the reasons for the failure to reach a suitable lease agreement.
  • 4.   Any other measures taken to facilitate opportunities for SME fresh produce retailers in its properties.

Members are encouraged to include a brief statement confirming that they continue to make available any potential vacancies for potential SME fresh produce retail tenants. Members are also encouraged to seek guidance from their respective legal advisors on reporting to the Competition Commission for this purpose.

*The four webinars are taking place during April and May 2026, with the first and second instalment having been delivered on Wednesday 22 April 2026, and Wednesday 29 April 2026. A total of 54 delegates attended the first webinar and provided very positive feedback.

We request members to encourage their SMME tenants to register for the remaining sessions. SAPOA is also considering presenting the series of webinars again in August 2026, should there be sufficient demand.