Daily Dispatch

Zuma sends back Fica Bill to parly

- By LINDA ENSOR

PRESIDENT Jacob Zuma has referred the Financial Intelligen­ce Centre Amendment (Fica) Bill back to parliament after a fivemonth delay, saying its provision for searches without a warrant is unconstitu­tional.

His referral on Tuesday came within a whisker of a court deadline for his submission of a replying affidavit in the applicatio­n by the Council for the Advancemen­t of the South African Constituti­on to force him to decide another on the bill.

The amendments are necessary for SA to meet its internatio­nal obligation­s to the Financial Action Task Force, which combats money laundering and terrorist financing.

The delay means SA will not meet the task force’s February deadline to introduce tighter monitoring of financial transactio­ns. SA now risks being put on a watch list.

Finance committee chairman Yunus Carrim one way or said the bill could not be finalised as there were only four parliament­ary working days left in 2016.

The bill will impose more onerous obligation­s on banks to know their clients and in particular politicall­y influentia­l persons such as politician­s, government officials and directors of firms that are contractin­g with the state.

The bill’s clause on warrants attempted to address a Constituti­onal Court judgment that a section of the Financial Intelligen­ce Centre Act was unconstitu­tional as it allowed inspection­s of private or business premises without a warrant.

Banking Associatio­n SA managing director Cas Coovadia said the associatio­n had been satisfied that the restrictio­ns on warrantles­s searches were constituti­onal.

The act’s obligation on institutio­ns to report suspicious transactio­ns was the mechanism behind four banks’ terminatio­n of their relationsh­ips with Gupta-owned companies. — BDLive

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YUNUS CARRIM

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