A critical element of the rule of law is that there should be certainty about what the law is and what it requires, both procedurally and substantively. This involves consistent conduct by those in positions of authority, a uniform interpretation of the provisions of laws and a respect for precedents that are set in decisions made in cases of similar nature
This quote is attributed to Paul Hoffman. I have quoted it often but cannot find the original quote. It seems that every time I have quoted this it relates to SANAS.
SANAS didn't bother to defend themselves against SERR Synergy, neither did the dti (c). The judgement is dated 22 March 2022, which is almost two months ago and there has been no notice on either the dti or SANAS website. This amounts to policy uncertainty and conflicts with the concept known as the rule of law.
We accept, rigthly or wrongly that black economic empowerment is a feature of business in South Africa. If that is the case then we are entitled to policy certainty. As awful and ambiguous as the BEE codes are, they are the codes and are open to legitimate interpretation. SANAS has neither the legislated mandate to provide this interpretation nor do they have ability to do so, interpretation is not their business.
It's important for the reader to understand how SANAS works. We as the implementers of this policy have no direct access to SANAS. It's only the verification agencies that have this access. SANAS will make pronouncements that only go to verification agencies. It's only then that we find out what they have said. They have refused to put up a central database of what they have handed out sanctions for. The refusal is simple, they know they are not allowed to sanction based on interpretation. They also know that the verification agencies (other than the detestable Honeycomb) will challenge them, or take them to court.
I am different. But my pockets are not deep. I have briefed an attorney who is willing to handle this case. The case involves us requesting SANAS to furnish us with the necessary authority to show how they are able to censure VAs by going against their interpretations. The second part of the application is then for SANAS to recall every non-conformance that was issued by virtue of them or their representatives have issued due to a SANAS interpretation. This will go back to the gazetting of the amended BEE codes (2013).
I will account for every cent. I also expect to be paid for this application, which will be accounted for. I need you, the user, the consumer, the business owner's financial support. We all stand to benefit. If I am sure that my interpretations will benefit your business then so will your own BEE consultant be confident that they can suitably advise you.
Years ago, in 2014 in fact, I approached a number of people who wanted to remain nameless and suggested we take these codes to court. It went nowhere. Companies were too scarred by and scared of the anc. That's all changed. We are never going to re-build this country if we don't speak truth to power. I am willing to front this - but I need money. My contact details are at the top of this blog, please help me in this battle.
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