SERR seems to have established itself as a disruptive force in the BEE market place. I have a lot of respect for them. I'm probably most impressed with their sales people. SERR is a big business and a real player in the industry.
One day someone at SERR decided that they didn't like Yuneal's directive about using a financial year for BEE measurement. SANAS are such an evil force that companies have been forced to use a financial year because they fear that SANAS will take away their license or will force them to withdraw certificates.
SERR then said "Fok dit!." and went to the High Court in Pretoria asking for clarity, citing SANAS and Slaptjips as respondents. What is most interesting about this is that neither SANAS or Slappie (Patel for the new readers) didn't oppose it. You can imagine what happend (and so we launch into a new play).
Scene - an office complex in Pretoria
SANAS person (name escapes me) - Oh bugger, those SERRs have gone to the high court to question Yuneal. I'd better call SlapTjips, sorry Minister Patel.
She (I know it's a she) dials the Office of the Minister of Trade and Industry and Competition
Minister's Office - Hello you are through to the minister of summer footwear and hotfood
SANAS person (name escapes me) -Huh!! What the fuck is that?
Minister's Office - Damn sorry. Are you looking for Minister SlapTjips?
SANAS person (name escapes me) - Yes, he is being called to court to explain Yuneal's behaviour.
Minister's Office - You can't speak to him now, he's not in his office. I think he's gone to lunch. I don't see his slip slops under his desk. He loves wearing them now that he is allowed to.
SANAS person (name escapes me) -Please ask him to call me. I can't leave a name because I don't know my name
An hour later. The phone rings.
SANAS person (name escapes me) -Hello it's me who has no name
SlapTjips - Here I am phoning you back, you ruined my lunch and I got hot chip oil on my slops and so now I'll have to get some more
SANAS person (name escapes me) - It's another court case, this one's about Yuneal.
SlapTjips - I've been reading that cheeky white blogger's posts about Yuneal. When my predecessor left he left me with some vital reading. That blog was one of them, he's a pain in the backside. Next time I'll ban the sale of guitars.
SANAS person (name escapes me) -I think we can fight this.
SlapTjips - No, don't bother. The blogger's right. We won't oppose it. SERR can pick up the costs. We've got Afriforum and Afrisake to worry about. I don't want to lose those cases, can you make sure that the state attorney does not brief Dali Mpofu.
They didn't oppose it. It's a court order Download Signed Court Order 22 March 2022 and it says the following
The directive issued by the South African National Accreditation System, First Respondent ("SANAS") on 6 April 2021 entitled "Clarity on Measuring Period", in the subject line ("the Directive") is declared unlawful and is reviewed and set aside.
It is declared that SANAS has no power in terms of the Broad-Based Black Economic Empowerment Act No. 53 of 2003 ("the BEE Act") or any other legislative instrument to prescribe the measurement period that must be taken into account when verifying an enterprise's compliance with the BEE Act or the Codes of Good Practice issued under the BEE Act.
It follows that SANAS has NO authority to prescribe or interpret anything.
I'll have to write to the dtic about this, because SANAS and the dtic have been very quiet.
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