BEE commissioner

The might of the awdoz is felt as far as Nigeria

There's a story I like to tell, unlike some of my stories this one is true. Many years ago before I was as jaded as I am now I went to meet a potential client about something (more on that potential later). The gentleman I met there was telling me that his company was 60% black owned. I don't know why I figured out that he was Zimbabwean but I asked if that was true. "Yes," said the Zimman, "but I have an ID book and I'm naturalised." And when did you arrive here I asked. "In 2000." Was his response.

"Oh!", I exclaimed. "But you are white."

Whatever potential there existed for work after that somewhat inappropriate insult disappeared immediately. But it's true, he's not black in terms of the BEE Act, nor the EE Act and a myriad other pieces of legislation.

I suppose those of us who have been in this business for as long as we have know that proving birth by naturalisation is ridiculously difficult. I don't bother any more – I just call them all white. It's sometimes quite easy to notice a black foreigner by their English accent – Zimbabweans and Malawians have a certain accent that you can pick up. Nigerians have two telling things that point out their country of origin, their names and their accents. Their accents are  often mistaken by Hollywood as South African accents (mixed with a little  Caribbean). The Nigerian English language is so distinct that the BBC has a special Pidgin service for Nigerians. If you doubt me then read this

One of di reasons why dem also introduce di toll-free number na to implement a nationwide system for di reporting of emergencies to emergency service for Nigeria.

And for Nigerians to get access to emergency service agencies for quick and timely response.

Wetin be dis emergency pesin go fit call di number for?

Vicky Adey Consulting CC made a similar mistake as my Zimman of so long ago. They were portraying themselves as 100% black owned and 60% black women owned. It's a CC and if you want to know who the members are I'm sure that CIPRO could tell you. The two members are Olufunsho Adebayo Ademoye and Phumudzo Nancy Muthelo. These two were doing some good government business as a level 1 until some concerned system ratted on them to the BEE Commission. You can read the whole story here, it doesn't serve me to quote it verbatim. Vicky Adey claimed that they didn't know that the definition of black was so South African orientated. I tend to believe them - Olufunsho Adebayo Ademoye is so not a typical South African name. If I saw the CK documents and saw that name I would look very closely at the ID number to confirm that it was a South African.

Ignorance is no excuse and the awesome awdoz rained vitriol and meted out a very harsh punishment for breaking the law. This ranged from a public apology on Facebook and Twitter, they had to remove themselves from vendor data bases and then they were fined R50k that needed to be paid to NSFAS.

This then begs a question – where the hell does the awesome get the power to hand out sanctions like that? Her power, if it exists at all, must come from the BEE Act. The problem is I can't find it. If you look at section 130 of the Amended BEE Act speaks about fines and penalties but it's very clear that a court needs to impose the fine or penalty. But the awesome and her crew of race-obsessed apparatchiks seem to be able to do this.

I don't think they can, what they are doing is suggesting to the guilty party that if they cooperate with the commission then it won't go to the courts. But you can't do that because 130(2) says

(2) A B-BBEE verification professional or any procurement officer or other official of an organ of state or public entity who becomes aware of the commission of, or any attempt to commit, any offence referred to in subsection (1) and fails to report it to an appropriate law enforcement agency, is guilty of an offence.

The commission is complicit in this offence and they themselves need to be reported in terms of the Act.

There are a lot of punishments that were dished out. Most of them are designed to humiliate the offender. That cannot be constitutional. If you pay an admission of guilt fine for a traffic transgression you aren't required to go onto Facebook and Twitter to proclaim your guilt. Then there is the fine. Not only did they issue a fine they directed the payment to a cause that they nominated viz NSFAS. Why because the useless anc government cannot provide for its citizens.

This whole thing is wrong. But then I might be wrong. If I am I would like to know where this power comes from.

Cyril – just remove her and Slappie. What value does the commission add?

February 27, 2018

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