Mail & Guardian

New Fica is just waiting for Gigaba

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former Cosatu general secretary Zwelinzima Vavi claimed that “the thieves have now seized national treasury”.

Gigaba has admitted to attending private events hosted by the Guptas and the Public Affairs Research Institute report noted that, throughout his tenure as minister of public enterprise­s, “Gigaba was engaged in the restructur­ing of SOE [stateowned enterprise] boards, which became broadly representa­tive of ‘Gupta-Zuma’ interests”.

Gigaba, through his trusted spokespers­on, Mayihlome Tshwete, has publicly refuted this, claiming he was not directly responsibl­e for all the board appointmen­ts.

Anthony Smith, a partner for risk advisory and financial crime services at Deloitte, said: “It’s one thing signing it [the Fica Act] into law; it’s another making it operationa­l. Realistica­lly, it needs to be done by now. We have until the end of June — we don’t really have much more time.”

Smith also said that, even though the Act had not yet been gazetted, the fact that it had been signed into law meant that banks and other institutio­ns could already begin to make some changes.

Cas Coovadia, managing director of the Banking Associatio­n South Africa (Basa), said there had been no indication of progress from the treasury. “As Basa, we think the regulation must be drafted and circulated as soon as possible for public comment and to enable banks to have clarity on a range of issues — especially the pips,” he said.

“There is an urgency that has not gone away. We need to move expeditiou­sly.”

Another potential difficulty has been presented by Justice Minister Michael Masutha who, in a recent budget vote, noted that the original version of the Act made provision for an anti-money laundering advisory council to be made up of the heads of entities and directors general from the justice and financial clusters.

The council was never establishe­d and the amendment Act no longer makes provision for it.

Masutha said it was “crucial” for any regulation­s accompanyi­ng the Fica Act to include such an advisory council that “would serve as an oversight accountabi­lity structure in relation to the functionin­g of the Financial Intelligen­ce Centre and would advise government on its endeavours in the fight against money laundering, illicit financial flows and terror financing”.

Lawson Naidoo, executive director at the Council for the Advancemen­t of the South African Constituti­on, described Masutha’s view as “absolutely bizarre”. “The matter has been through Cabinet, and has been through Parliament twice. There are absolutely no grounds for the Act not to be implemente­d.”

If a provision for an advisory council were included in the regulation­s, Coovadia said the Banking Associatio­n would not make a big deal about it. “It must not be an excuse for any further delays,” he said.

Maynier accused Masutha of being the mastermind behind a “power grab” of the Financial Intelligen­ce Centre and alleged that the security cluster wanted control of the centre.

He doubted this could be done by resuscitat­ing the council by way of regulation. “It could hardly be considered expedient, and could only be able to be done in our view by amending the Financial Intelligen­ce Centre Amendment Act,” he said. The chair of the parliament­ary standing committee on finance, Yunus Carrim, said some parts of the Act require regulation­s that need to be consulted on, but other parts can come into effect sooner. “The committee has decided that we will monitor progress on the implementa­tion of the Act as part of our quarterly review of progress on national treasury’s programmes. The next such briefing will take place on June 20,” he said.

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