JOHANNESBURG - The Banking
Association South Africa (BASA) on Friday responded to the ruling by the High
Court in Pretoria that the former Minister of Finance, Pravin Gordhan was not legally obliged to interfere
in a decision by banks to close the accounts of the Oakbay Group provides
clarity on the nature of private bank-client relationships.
This comes after Gordhan's
application seeking declaratory relief from having to intervene with the banks dismissed
by the court.
BASA said in a statement that
it was not cited in the original application by Gordhan because this was a
client-bank matter. “Our response now will thus be of a generic nature and not related to the
particular company”.
Also read: Gordhan loses declaratory case against Oakbay, Guptas
“It is especially important
to note the decision of the court to pronounce this as an “undisputed legal
question” in handing down its judgement. Critically, the judgement removes the
apparent misconception that any member of the national executive (including the
Minister of Finance) are obliged to intervene in commercial disputes,” said
BASA.
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BASA said it had remains
concerned regarding the apparent motives of the Minister of Labour and Minister
of Mineral Resources to establish an alleged (and, according to the judgement
“contrary to law”) inter-ministerial committee to interfere in this matter.
Both ministers should be held to account in providing reasonable explanations
of their apparent actions.
“The judgement, in our view,
confirms the sanctity of client-bank relationships and confirms there should be
no interference in that, political or otherwise. We are also of the view we
have a proactive and efficient bank regulator and a Financial Intelligence
Centre Office that is diligent in overseeing efforts to combat financial crime”.
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“These bodies, together with
appropriate legislation and regulations, are very capable in overseeing the
conduct of banks in relation to their clients, without interference,” said BASA.