There are two personages that should not be spared today's vitriol. awdoz is the bee commissioner - great name when spelled backwards. wabenzi-gupta boy's name spelled backwards is enawz. awdoz and enawz are attempting to rule by decree. Let's start with enawz (you can pronounce is ehnause or eenouse if you choose). enawz has pushed through his mining charter which calls for "radical economic transformation" as well as 30% black ownership. The problem that enawz faces is that he is both not clever and he hasn't followed due process. Already we've seen the mining shares take a knock. What surprises me about enawz is whether he hadn't anticipated that there would be a market and legal kickback - we know that he expects other types of kickbacks because of his aptug relationship (I love this backwards stuff). Why is he pushing this through - the chamber is going to block it.
Let's move onto the BEE Commissioner who has all of a sudden decided that she too can rule by decree. A while ago she published another of those stunningly well-written opinion pieces about when the last BEE certificates under the old codes could be issued. You'll probably find it somewhere here. I initially ignored this because again it's an opinion and that's all. You can see what I wrote about her opinions elsewhere on this blog. In the newest opinion (PRACTICE GUIDE 02 of 2017 ) she states (as an opinion I stress)
11. ..........B-BBEE Commission in accordance with the requirements to advice on the interpretation of any provision of the Act as per section 13F(1)(a) and (3)(b) (ii) of the B-BBEE Act, has concluded that the application of the old generic codes lapsed on the inaugural year the amended codes came into effect.
I didn't want to lumber you with her logic. As usual it's not bad, but it's her opinion. We know that she's just opinionated. This has really got her goat. It seems that no one is taking her seriously. She has decided to approach the Association of B-BBEE Professionals (ABP) and told them to withdraw all certificates under the old codes issued after the 30th of April 2016 - a year after the note about financials ending before 30 April 2015. She apparently wants to go to court to get a clarification order - but has decided that before she gets to court she'll rule by decree (something her boss bolshie bob is very wont to do).
AND WHAT DID THE ABP DO?
Hulle het "fok die korporaal" gese.
We therefore could not reach a consensus as the B-BBEE Commissioner is still of the opinion that the Practice Guide 02 of 2017 stands and that Verification Professionals must withdraw these certificates from the market. Whilst the practice guide is not legally binding, the B-BBEE Commissioner expects the Verification Professionals to abide by it and withdraw these invalid certificates and where Verification Professionals do not heed this call, the B-BBEE Commissioner’s office will institute legal action as per the powers vested on her office by the B-BBEE Act as explained in the Practice Guide 02 of 2017, paragraphs 13, 14 and 15. (Against any certificate she comes across).
We understand that this is a very difficult time for our Members and the Verification Industry at large because of the potential negative impact which will have huge implication for the Verification Professionals and the industry. After discussing the application of the 18-month rule with Members we also believe that Verification Professionals did not intentionally sought to delay the implementation of the amended Codes. We therefore will be seeking a legal opinion on the matter and will advise accordingly
Something happens to public office holders, I doubt it's a uniquely South African issue, they just get a little too drunk on power. In the case of enawz, I can't be sure that he's drunk on power, I just think he's thick. He's out of his league, he's in the wrong province, he's badly advised and is now attempting a Comrades marathon on a three metre plank. We don't expect much more from him. If you don't appreciate the sheer scale of his lunacy perhaps this will clarify it for you
The Commissioner is different. She's not thick, she's nowhere out of her league and I'm not so sure that she's badly advised. I think the problem lies in the fact the no one takes her seriously. That unfortunately for her comes with the territory. When you work for an institution that is premised on arbitrariness in the form of draconian BEE codes then you are up against it.
My advice to awdoz is to talk to the people you are supposed to be working for. There are stories about her being aggressive and unpleasant and very unsympathetic. If you want a hint of the aggression take a look at the FAQ's on her website. Id est
What are the penalties for non-compliance?
The amended Act ha (sic) specified amongst other the following penalties: 10 years imprisonment for misrepresentation, 10% fine of annual revenue, 1 year imprisonment for failure to report misrepresentation and 10 year restriction from doing business with government.
Er what? What they are saying here (notice I didn't say awdoz) is that those companies that come up non-compliant are liable for 10 year in gaol. Really!!!!
awdoz, you'd get better results if you stopped behaving like an ANC-deployed cadre and started talking to your constituents. Ask enawz about this, he's in for a fucking rough time (along with that doos amuz and his buddy abagig).
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