The National Regulator for Compulsory Specifications (NRCS) and its empowering legislation (the NRCS Act 5 of 2008) are critical for ensuring the safety of consumers, the protection of the environment and fair trade practices as these relate to approved compulsory specifications and technical regulations.
The NRCS is a state-owned entity of the Department of Trade, Industry and Competition (DTIC).
The NRCS and the DTIC have a significant influence over business activity, economic growth and prosperity through the development and enforcement of required compulsory specifications and technical regulations.
For years there has been dissatisfaction and concern amongst industry and other stakeholders in relation to the efficacy of the NRCS regulatory framework and its implementation as well as certain reservations related to the NRCS Act itself.
These challenges have been documented and communicated through the industry associations, industry members, the parliamentary Portfolio Committee on Trade and Industry and through various reports sponsored by international donor agencies.
Despite these concerns, there has been little evidence of meaningful corrective action on the part of the NRCS or its principals to address the underlying causes of dissatisfaction with a sense of urgency or beyond short-term fixes.
OUTA aims to intercede on behalf of industry in order to avoid the continuation, or deterioration, of the current state of affairs and the potential compromising of the efficacy of mandatory regulations designed to protect business, consumers, and the broader economy.
OUTA is working with BUSA and industry to engage the NRCS with the intention of encouraging improvements in the NRCS.
This involves identifying shortcomings and recommending improvements.
We have been working with BUSA on this since late 2021, then engaging with affected industries and with the NRCS.
These are the areas of focus:
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Improving governance and oversight: This includes addressing the changes in the NRCS Act which removed provisions for an NRCS board, and addressing the absence of the Advisory Forum required by the Act.
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Promoting innovation and regulatory efficiency.
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Streamlining pre-market approval processes.
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Enhancing market surveillance and post-market monitoring and testing.
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Strengthening regulatory compliance practices.
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Enhancing stakeholder engagement and communication.
