The LOA system through the looking glass
Consumer and electrical safety in South Africa is crucial
Introduction
The Letter of Authority (LoA) system stands for compliance with electrical safety regulations. This is crucial if we are to ensure electrical safety regulations for luminaires, appliances, power tools, and energy-related products.
With the ever-increasing number of products entering the market, proof of compliance with electrical safety regulations in South Africa, in the form of a full test report has become an impossible task for retailers.
In the past the LoA held the official SABS Certification regulatory seal and in the event of excess products, an annexure to the LoA mentioned security features. The SABS test department and industry experts always ensured the outcome was successful.
Development of the LoA System.
The Standards Act 1993 (Act No. 29 of 1993), a new set of SABS IEC standards for appliances, power tools, and information technology came about in 1996, and was extended to include Luminaires Standards during 2003.
The introduction of energy and electricity usage audits enforced product quality. Retailers had to provide proof of compliance within five working days after an inspection. This assisted the SABS Regulatory Department in ensuring both consumer and environmental safety, and the test report had to include a physical sample, irrespective of the photos inside the test report.
Regulatory Department in South Africa’s Consumer Protection.
In 2008, the Regulatory Division of the SABS became an independent organisation—the National Regulator for Compulsory Specifications (NRCS). Published on July 4th, 2008—National Regulator for Compulsory Specifications Act, Act No. 5 of 2008. Amended in the Legal Metrology Act, Schedule 2 of Government Gazette, No. 37661, dated 19 May 2014.
The split has not benefited the industry or the South African consumer. The industry has been fending for itself against illicit trading. The NRCS has a reputation for being a money-making organisation. It seems it has no intention of protecting consumers, animals, or the environment against harmful products.
- In the past, the budget for testing was 70-80% of the levy income.
- Commodities bearing the SABS mark were exempt from paying levies due to the strict mark requirements.
- SABS Test Houses were the main beneficiaries of the levy income. This ensured that the testing system in South Africa was trustworthy and world-class. In the event a product fails testing, manufacturers, importers, and/or retailers were liable for the costs, and products were recalled, establishing trust between the consumer and the industry.
The LoA Process
The LoA process has become paper-intensive, not to mention the VC’s requirements are clear. The NRCS should only issue an LOA if the certificates and test reports conform with all the mandatory requirements. The LoA then references the product model that it covers.
This example of number formatting is impossible to regulate on an LoA: ***BZ***, ***KZ***, ***BF***, ***HB***, and so on. (* = to an alphanumeric character). Traders with these LoAs have carte blanche by the NRCS to bypass all compulsory requirements.
LoA System and the NRCS Challenges:
- Lack of Proper Inspection and Testing:
- NRCS rarely requires product samples for testing and approval, making safety and energy inspections and audits less effective.
- Outdated standards and bureaucratic inefficiencies.
- NRCS refuses to conduct the impact assessments required by Regulation R924 Section 10, citing budget constraints.
- NRCS fails in its mandate to maintain compulsory specifications.
- Annual reports show the NRCS Electrotechnical Department can only issue about 15,000 LoAs per year.
- Renewals should occur every three years; there are over a million products needing regulatory compliance.
An Increase in Illicit Trading in South Africa
There shouldn’t be any installation of the following available certified circuit breakers and earth leakage protection devices in South Africa.
- IEC 60898: Circuit breakers for overcurrent protection for household and similar installations.
- IEC 61009: Residual current operated circuit-breakers with integral overcurrent protection for household and similar uses.
- Cord reels and cord extension sets wired with copper-clad aluminium are dangerous commodities. They should not be present in the South African market.
The NRCS should disclose for publication illicit traders and recall non-compliant products. To date, there has been no recourse for these traders.
It is well known that the NRCS inspections cannot verify sample compliance.
The NRCS falls back on the standard clause A.2.1. “NRCS grants approval at its sole discretion.” Opening the door for LoAs where the report and product are not vetted against VCs’ requirements.
In short, this means that the NRCS is issuing LoAs for products that do not comply. This goes against the global regulatory models.
Type 5 Assessment Authority
Type 5 approvals and systems (SABS, VDE, TuV) are not accepted as proof of regulatory compliance and are not compulsory as few VCs ask for a Type 5 approval.
Mark-bearing companies must drop their SABS Compliance marks; otherwise, they are entitled to pay double levies. It should be 70/30 in favour of the Type 5 assessment authority. (SABS)
The consumer continues to carry the financial burden. Illicit traders are aware the NRCS is incapable of fulfilling its legal mandate and takes advantage of the market. Uninformed consumers opt for cheaper, unsafe, tax-evasive products.
Impact Assessment Examples:
- Lamp specifications VC 9109—Performance requirements of general service lamps (GSLs) and VC 9110—Compulsory specification for safety requirements of general service lamps (GSLs) disclosed shortcomings in the NRCS regulatory model.
- VC 8035—Earth leakage protection units were published on 16 October 1987. The outdated technology is still being used on modern inventions. Since 2017 we have been trying to align it with international standards. Once again, the NRCS does not have the funds for the impact study.
Regulatory Limitations of the NRCS
- NRCS is an accredited SANS 17020 inspection authority (NRCS Act No. 5 of 2014). It is not allowed to perform physical tests on products. This function is for SABS-accredited test facilities.
Future Improvements are Required to Restore Confidence in the Regulatory System.
- Regulatory standards should match international safety and energy rules.
- The NRCS needs to be more open by naming non-compliant traders and recalling unsafe products.
- The approval process should be faster and more efficient to avoid delays.
- Levy funds can be distributed so that the SABS receives enough funding to test products.
The Safehouse Commitment
Safehouse exposes inefficiencies and advocates a safer marketplace to achieve greater transparency and stronger enforcement of regulatory measures.
LoAs should protect consumers and businesses
Contact Safehouse; we are there to assist you from harmful non-compliant products.
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