Competition Tribunal ruling ‘a milestone’

THE Competition Tribunal’s ruling in the matter of the Sekunjalo Group vs the Banks was a milestone for every South African as it might set a precedent to resolve future cases of a similar nature.

This was according to Godrich Gardee, head of law firm Gardee Godrich Attorneys, who said the ruling would vindicate his clients who had laid complaints against several banks for unfair treatment.

The tribunal granted interim relief to Sekunjalo last week, preventing three major banks from closing bank accounts belonging to the group, and ordering banks that had closed accounts to reopen them.

Gardee, the former EFF secretarygeneral and party MP, represents more than 6 000 people involved in a class action suit challenging various banks on the basis of racial discrimination.

Although cases of a similar nature are treated on a case-by-case basis in a court or tribunal, based on their individual merits, Gardee said the tribunal’s judgment gave him hope as it could assist him in his litigation against the banks.

“Precedents are authorities that are persuasive to any other litigants before a court. So they would definitely impact similar cases that may be before the court and the tribunal later, so they will never be ignored.

“The (tribunal judgment) may not be wholeheartedly applicable in each and every case, but it will be a source of reference and authority and persuasive to the panellists in a tribunal.”

The final relief would be granted to Sekunjalo after six months, or after the Competition Commission has completed its investigation into the group’s complaint regarding restrictive practices against the banks.

Earlier this month, Gardee’s law firm appeared before the Parliamentary Standing Committee on Finance to lay a complaint against banks for unfairly discriminating against certain clients in the irrational and arbitrary termination of accounts. The firm was looking for Parliament to take action that would include changing or introducing new policies.

It was reported that Absa was considering taking legal action to keep Sekunjalo’s accounts closed.