Setting a precedent for future

THE Competition Tribunal’s ruling in the matter of the Sekunjalo Group v the Banks was a milestone 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 also 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 secretary-general and party MP, represents more than 6 000 people involved in a class action suit challenging various banks on the basis of racial discrimination.

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, and 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.