Unfortunately my tirade against SANAS brutality has not ended. I'm amused by this but not by the unchecked power that SANAS wields over the economy through their verification agencies. I am going to write to the dtic about this, my concern is that SANAS is amending codes in fact. It doesn't matter that it's not supported by law, that will be resolved by a court case. I've tried that before, had no luck – but if there bodies of people who would like to help me brief attorneys and get counsel and pay me for the privilege of managing this then I'm in.
I need to start with SANAS. I have not found the authority that provided them with right to manage BEE certification. This predated the bolsh (I wonder how he's doing now that mother Russia is marauding a former Soviet but now sovereign state, my money's on that he wishes that communism will return to Russia and they will be great again, as if they ever really were, he'll be disappointed). I can't blame our resident commie for creating this mess. I don't think he did much to prevent It from happening, neither has Slaptjips. Be that as it may they are now responsible for issuing licences to determine blackness disguised as transformation.
What is SANAS
SANAS is a statutory organisation created by the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act, 2006. Already we are seeing that they are well placed to handle BEE. The Act's preamble says
To provide for an internationally recognised and effective accreditation and monitoring system for the Republic by establishing SANAS as a juristic person; to recognise SANAS as the only accreditation body in the Republic for the accreditation of conformity assessment and calibration and monitoring of good laboratory practice; and to provide for matters connected therewith.
This is quite limiting. In the first place SANAS does not have the legislative support to do BEE stuff. Perhaps there is something here
In the interests of balancing verification practices and ensuring consistent technical competence, the BEE Verification Agencies are required to undergo accreditation. the dti collaborates with the South African National Accreditation System (SANAS) in this regard, to harmonise accreditation and verification practices, thereby enhancing South Africa's economic performance and transformation.
Does SANAS appear in gazetted BEE codes?
It appears not. It doesn't even appear in the BEE Act. There's no mention of it in the gazetted verification manual (2008). I checked the 2019 amendments and there's no reference there. In fairness I have not checked other BEE codes, other than the FSC and there's no mention there. This does make sense, why would you want to allow SANAS to fuck it all up when you can ask some other organisation to do it as well (and I was wrong about IRBA – I miss them terribly).
What is SANAS job then?
Perhaps this is where it sort of gets its BEE responsibilities. Section 5(1) of the Act must speak
5. (1) The objects of SANAS are to-
(a) accredit or monitor for GLP (Good Laboratory Practice) compliance purposes, organisations falling with its scope of activity;
(b) promote accreditation as a means of facilitating international trade and enhancing the Republic's economic performance and transformation;
(c) promote the competence and equivalence of accredited bodies; and
(d) promote the competence and equivalence of GLP compliant facilities.
This is iffy. Accreditation is defined in the Act, it doesn't quite refer to accreditation but
"accreditation body" means a body responsible for third party attestation related to conformity assessment and calibration facilities conveying formal demonstration of their competence to carry out tasks against specified criteria, including criteria in International Guides and Standards;
This definition is interesting because it refers to carry out tasks against specified criteria. This is a significant word because it must mean that specified criteria appear elsewhere, not criteria that SANAS whips out on a whim. Not being the lawyer I should have been, I would suggest that this definition precludes SANAS from opining on established criteria.
What is R47-03?
This is the standard that SANAS uses to accredit VAs. What needs to be noted is that it is a SANAS document with Yuneal's name on it – there's another Google search for you Yuneal. It's not a gazette. At best it's a contractual document between SANAS and the VAs. It's a process document which is what it's supposed to be.
NOW THEN – WHERE DOES SANAS GET THE AUTHORITY TO ISSUE NOTICES ABOUT INTERPRETATION OF THE VARIOUS CODES?
I can't find it. And this where I need help. I don't think it exists and as I wrote before, their interpretations are amendments in fact. Even the dtic can't amend a code without following due process. It's worthwhile noting that the last two Yuneal decrees, or at least the last two that I know about, were issued by SANAS. He maintains in the one that he did it in conjunction with the dtic. Yet they are silent.
I have enough now. I'm not finished with SANAS yet but I now have enough background to write to the BEE department. Oh yes dear readers, not only will I keep you abreast of what happens I will post the letter on this blog just after I send it.
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