The Star Early Edition

Scrapping Fica Bill would be catastroph­ic for country

Move would be irresponsi­ble, Treasury warns

- SIYABONGA MKHWANAZI

THE National Treasury has warned against scrapping the Financial Intelligen­ce Centre Amendment (Fica) Bill, saying it would be highly irresponsi­ble and disastrous for the country.

This came after a heated meeting of the standing committee on finance yesterday where the Black Business Council (BBC) and the Progressiv­e Profession­als Forum (PPF) exchanged heated arguments with the EFF.

Three senior counsels, including advocates Steven Budlender, Jeremy Gauntlett and Ishmael Semenya, said the Fica Bill was consistent with the constituti­on.

It flew in the face of President Jacob Zuma’s rejection of the bill, saying it would not meet constituti­onal muster.

However, the three senior counsels as well as a fourth advocate in Parliament, Frank Jenkins, contended that the bill was constituti­onal.

BBC president Danisa Baloyi and Mzwanele Manyi of the PPF said the bill should be thrown out because it was unconstitu­tional.

The meeting got heated after EFF MP Floyd Shivambu questioned Sello Rasethaba’s remarks during the meeting.

Rasethaba, who is a member of the BBC, was questionin­g the position of business regarding the bill.

Baloyi said the remarks made by the lawyers that the bill was in line with the constituti­on and the reality on the ground was that banks had unfettered powers.

“Having listened to the lawyers… it’s legal-speak. But the reality is that bank accounts are being closed. We represent 15 organisati­ons and our members’ accounts are closed,” she pointed out.

Manyi said they might even approach the Constituti­onal Court to have the bill dismissed. He said the standing committee should not confine itself to the section referred to Parliament by Zuma for reconsider­ation.

He said the whole bill needed to be scrapped, but members of the committee said this would not happen.

In his letter to Parliament, Zuma said the institutio­n must look at the constituti­onality of searches conducted without warrants.

But Manyi was adamant that the bill in its entirety was problemati­c and had to be scrapped.

National Treasury deputy director-general Ismail Momoniat warned that scrapping the bill would be disastrous for the country.

He said it was clear from the legal opinion presented by the three senior counsels that the bill was constituti­onal.

It would have been useful for the BBC and PPF to also present a legal opinion on the bill, he said.

Momomiat added that it was important for all the stakeholde­rs to understand the consequenc­es of scrapping the bill because there seemed to be a lot of misunderst­anding.

In terms of the bill, he said South Africa would have to meet its internatio­nal obligation­s in fighting the financing of terrorism and money laundering.

 ??  ?? ‘NOT AN OPTION’: Treasury director-general Ismail Momoniat warned that scrapping the bill would be disastrous for the country.
‘NOT AN OPTION’: Treasury director-general Ismail Momoniat warned that scrapping the bill would be disastrous for the country.

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