Appeals
- All appeals against a verified score will need to be lodged at the end of the process once the client has received confirmation of their BEE Status and Verification Certificate and Report from SM BEE Rating Agency and the details of the matter should be referred to the Receptionist via the following email: Reception@smbbbee.co.za to ensure independence, impartiality and confidentiality while receiving and handling appeals.
- Within 7 working days all Clients, from the date they received the BEE rating decision, a client may lodge an appeal to SM BEE Rating Agency if it is dissatisfied with the BEE rating decision.
- When appeals are received, the Receptionist will review the Appeals form. It is imperative that the client is assured that the matter will be dealt with professionally, impartially, and confidentially.
- The Receptionist will inform the Appellant of the appointed investigator(s) selected for their competence and independence from the subject matter.
- The appointed investigator(s) will sign the Declaration of Confidentiality & Impartiality before reviewing the client file
Complaints
- All Complaints against the verification process will need to be lodged during the verification process and the details of the matter should be referred to the Receptionist via the following email: Reception@smbbbee.co.za to ensure independence, impartiality and confidentiality while receiving and handling complaints.
- Within 7 working days all Clients, from the date they received the BEE Rating decision, a client may lodge an appeal to SM BEE Rating Agency if it is dissatisfied with the BEE rating decision.
- A client may lodge a complaint to SM BEE Rating Agency at any time during verification process, when Complaints are received, the Receptionist will forward the Complaints Form [SM-C-FOR-02] to the complainant. It is imperative that the client is assured that the matter will be dealt with in a professional, impartial and confidential manner.
- The client must complete the complaint form in detail and return it to the Receptionist by hand or email;
- The Receptionist will initially review the complaints form for completeness and then send the client confirmation that the complaint has been received Complaints Confirmation of Receipt [SM-CCR-02] and the Receptionist will allocate a unique number to each complaint registered. These unique numbers will be assigned in the following manner:
- When Complaints are received, the Receptionist will review the Complaints form. It is imperative that the client is assured that the matter will be dealt with professionally, impartially, and confidentially.
- The Receptionist will inform the Complainant of the appointed investigator(s) selected for their competence and independence from the subject matter.
- The appointed investigator(s) will sign the Declaration of Confidentiality & Impartiality before reviewing the client file.
Appeals / Complaints Committee
The appointed independent investigator or the Appeals / Complaints committee will be convened within 2 weeks from receipt of initial appeals / complaint and the terms of reference of the committee is as follows:
- To resolve the appeal/complaint within 30 days of receipt.
- Review contents of the Appeals / Complaint form.
- Review of client files and information used in the compilation of the ME’s score.
- Ensure that the internal documents, impartiality, confidentiality are signed.
- Establish time frames to complete the process.
- To ensure that the investigation is conducted impartially.
- Establish frequency of meetings (within 48hr of convening and thereafter weekly)
- Informs the client in writing of the progress of the investigation throughout the process.
- To thoroughly investigate the cause of the appeal/complaint.
- To perform a root cause analysis and corrective action required.
- Compilation of reports based on findings of the committee.
- To document the decisions reached.
- If the Appellant / Complainant is still not satisfied with the outcome, then the matter will be handled in terms of our Dispute Procedure.
Disputes
- If a complaint or an appeal remains unresolved after the SM BEE Rating Agency Procedures for handling complaints and /or appeals have been followed either party can declare a dispute.
- The party declaring the dispute will notify the other party in writing within 10 days after the SM BEE Rating Agency- Complaints or Appeal Procedure has been exhausted.
- All disputes will be dealt with by the Verification Manager of SM BEE Rating Agency and within 7 days of written notification of a dispute, the one-party will invite the other party in writing to meet and attempt to resolve the dispute.
- All the proceedings and decisions of the dispute meetings will be recorded and documented.
- If the dispute has not been resolved by negotiation within 7 days of the commencement of the negotiation or such other extended time period as the parties may agree to, the parties shall submit the dispute for mediation to be administered by the Arbitration Foundation of Southern Africa, upon such terms as agreed between the parties and the secretariat of the Arbitration Foundation of Southern Africa.
- If the parties fail to reach an agreement to submit the dispute for mediation or the dispute remains unresolved after mediation the parties shall within 7 days refer the dispute for arbitration to be administered by the Arbitration Foundation of South Africa.
- The decision of the Arbitrator will be final and binding to both parties.
- The decisions of the Mediator and/or arbitrator will be recorded in the Complaints and Appeal register.
- The Verification Manager will oversee the implementation of corrective and/or preventive action resulting from the dispute procedure by conducting a review/follow–up within five (5) days after the mediation or arbitration and regularly thereafter as part of his management responsibility.
- The Verification Manager will submit the Complaints and Appeals Register and a report to the annual Management Review meeting.
