https://www.polity.org.za
Deepening Democracy through Access to Information
Home / News / All News RSS ← Back
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Article Enquiry

Gordhan declaratory relief application dismissed


Close

Embed Video

Gordhan declaratory relief application dismissed

Former Finance Minister
Photo by Reuters
Former Finance Minister

18th August 2017

By: News24Wire

SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

A court has ruled that former finance minister Pravin Gordhan's application seeking declaratory relief from having to intervene with the banks has been dismissed.

Judge Aubrey Ledwaba read out the order at the North Gauteng High Court on Friday.

Advertisement

The application was dismissed, with costs to be carried by the Minister of Finance, Ledwaba said.

The application for extended relief sought by Standard Bank was also dismissed in favour of Oakbay group. ABSA, FNB, Nedbank, the governor and the registrar of the Reserve Bank and the director of the Financial Intelligence Centre will also have to bear their own costs.

Advertisement

Gordhan lodged the application in October last year. The matter was heard in March. Oakbay had approached the minister to intervene when four major banks, Standard Bank, ABSA, FNB and Nedbank closed its accounts.

Gordhan wanted the courts to rule that he could not interfere with the banks' decisions.

The court viewed the application by the minister as "unnecessary". "We hold the strong view that this application was clearly unnecessary in the circumstances of this case. Such circumstances do not warrant that the court exercises its discretion to grant the declaratory relief by pronouncing itself on an undisputed legal question, which has previously been confirmed in judgments.

"It is not appropriate for a member of the National Executive to draw the judiciary into the exercise of his executive functions as evidenced in this application," the judgment read.

"To grant the minister the declaratory relief would allow the judiciary to stray into the exercise of executive functions where the circumstances do not warrant this involvement."

 

EMAIL THIS ARTICLE      SAVE THIS ARTICLE

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options

Email Registration Success

Thank you, you have successfully subscribed to one or more of Creamer Media’s email newsletters. You should start receiving the email newsletters in due course.

Our email newsletters may land in your junk or spam folder. To prevent this, kindly add newsletters@creamermedia.co.za to your address book or safe sender list. If you experience any issues with the receipt of our email newsletters, please email subscriptions@creamermedia.co.za