ABVA have updated their web site:

The "About US" page states (as at 16th November 2007:

"As an industry body, ABVA has been established in terms of Clause 1.5 of Statement 020 of the Broad-Based Black Empowerment Act No 53 of 2003. ABVA is registered as a Section 21 Company and is governed by the ABVA Constitution and the requirements of Company’s Act."

This is completely untrue!

1) There is no Statement 020 of the Broad-Based Black Economic Empowerment Act No 53 of 2003.

2) What they are probably trying to say is a previous set of Codes of Good Practice published for COMMENT only did include a statement 020. This statement was never gazetted and therefore carries no force of law. ABVA's initial premise is based on inaccuracies and deliberate mis-information.

3) This statement has the following rider:

"It is hereby notified that the Minister of Trade and Industry intends gazetting the following Code of Good Practice under section 9(1) of the Broad-Based Black Economic Empowerment Act 53 of 2003 in due course. This document is published for general information." 

When the final Codes of Good Practice wre gazetted on 9th February 2007, the minister chose not to include this statement.

4) Clause 1.5 of this statement 020 states:

"1.5 "Industry Body" means a private sector based Verification Agency recognised by the Minister in accordance with paragraph 6.2 of this statement;

However clause 6 states:  

"6 INDUSTRY BODIES
The Minister may recognize an entity as an Industry Body if that entity:
6.1 allows for participation by persons who represent:
6.1.1 the Minister; and
6.1.2 the Accreditation Body; and
verification services through:
6.2.1 continuing professional education and training;
6.2.2 the recommendation of best practice business process methodologies;
6.2.3 the promotion of an industry code of conduct;
6.2.4 the implementation of effective industry-wide complaints processing and professional conduct disciplinary mechanisms;
6.2.5 continuing engagement on an industry-wide basis around the implementation and ongoing development of the Verification Standards; and
6.2.6 constructive ongoing interaction with government.6.2 promotes the development and maintenance of high quality and reliable BEE"

Of course it is impossible for the minister to recognise ABVA or anyone else if this statement is published for general information only.

Is ABVA trying to say that they are positioning themselves as an industry body and have legal sanction from the very act they they are trying to police?

ABVA are now going beyond mis-information, but implying that a law exists to give them credibility when no such law exists.

Would you seriously trust ABVA or its members to follow the codes and verify your company properly if ABVA are improperly setup in the first place.

Interestingly enough the same "About US" pages talks about

"setting the standards for ethical behavior, professional development and the achievement of excellence in the profession."