Standards regulator’s process ‘tainted by bias’

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NCRS appointed company that lodged a complaint to test the brake pads of one of its competitors for compliance.

The process followed by the National Regulator for Compulsory Specifications in issuing directives related to the brake pads of an automotive component importer and distributor was “tainted by bias”, the High Court in Pretoria has ruled.

NRCS spokesperson Mirriam Moswaane said the NRCS has filed an application for leave to appeal the judgment because non-compliance with compulsory standards was found.GUD said it tests its own “Safeline” brake pads to ensure compliance with the South African National Standards standard. It also purchases its competitors’ brake pads sold in the South African market and tests those to ensure they comply with the SANS standard.

She said the service level agreement between the SABS and the NRCS had expired by July 2021 and had not yet been renewed. “But what that argument ignores is that when the RFQ was sent out in July 2021, and an award made soon after, ABTI was accredited and yet inexplicably excluded from the bid process.

She said it is common cause that the S15 directives were issued on 7 September 2021 and 17 September 2021, and a S15 directive had to be issued on or before 7 January 2022 and on or before 17 January 2022.

 

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