Number 1 - BEE Act
The BEE Act reigns supreme. All codes and notices etc derive their legitimacy from the act. It would seem that the act comes from section 9 (2) - as read with section 36, and section 217 of the constitution. 9 (2) says
(2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
Number 2 - the DTI
The DTI is responsible for drafting, proof reading, spell checking, arithmetic checking, approving and gazetting the codes/charters.
Number 3 - SANAS (for now)
I say for now because Rob has sent out a notice that the Independent Regulatory Board for Auditors (IRBA) might become another SANAS. But that's down the line, right now verification agencies are accredited and evaluated on a yearly basis by SANAS. For simplicity's sake - these are the licence licensers.
Number 4 - verification agencies/ABVAledictators
These are the referees. They award points based on information. They have been given a licence to do this by SANAS. This licence is not specifically a requirement but we've all learned that there's no point in arguing this pointless point. Every year a VA has to beg SANAS to extend their licence to verify. SANAS has the most ridiculous set of rules that they apply - and every VA is at their mercy, ask BEE Rating Solutions.
Number 5 - consultants and the clients
That's right - we are at the absolute bottom. It doesn't get lower than this, our job is simply to interpret the codes and provide the necessary justification to the verification agencies so that a BEE score is awarded. We are but players in this game - with a right to refer decisions to the referee for review (the verification agent).
A bit of history
The relationship between consultants and ABVA has not been a smooth one. In the past ABVA exercised some sort of ius vitae necisque over the industry. They were calling the shots, rejecting certificates, pronouncing when a certificate would be valid, calling more shots, assuming humongous fascististic tendencies and then calling even more shots. Strangely enough it was Rob who came to their rescue by publishing notice 810 - which effectively stated that only accredited verification agencies could issue valid certificates (yes I know that it talks back to the act - but I wasn't going to be bothered debating this not schlepping off to the high court to get it turned over). This wasn't without its ABVAricose vein hiccups but all was resolved when the period that non-accredited certificates would be valid until expired.
It's actually a relief now - I think things are very clear. I consult and give the information to a verification agency and try to persuade the agency to accept my arguments. I no longer view either ABVA or verification agencies as dof or a threat and have learned to play by their rules - because they are the ones who award the points. It's me who could lose the client.
Here endeth the lesson.
very seriously in imparting this piece of