Hlongwane and Others v Absa Bank Limited and Another (75782/13) [2016] ZAGPPHC 938 (10 November 2016)

Hlongwane and Others v Absa Bank Limited and Another (75782/13) [2016] ZAGPPHC 938 (10 November 2016)

The court found that the applicants failed to specify which rights they sought to exercise or protect and did not demonstrate how the requested documents were reasonably required for such purpose. The applicants' request amounted to a fishing expedition, and the respondents' refusal was justified by valid commercial and reputational risks, as well as statutory obligations under FICA regarding politically exposed persons and money laundering risk management. Disclosure of certain information would contravene confidentiality obligations, particularly regarding investigations by the Arms Procurement Commission. The bank was entitled to terminate the relationship on proper notice, and the...

Citation
[2016] ZAGPPHC 938
Parties
Applicant: Fana Hlongwane; Applicant: Ngwane Aerospace (Pty) Ltd; Applicant: Hlongwane Consulting (Pty) Ltd; Applicant: Ngwane Defence (Pty) Ltd; Applicant: Ngwane Properties (Pty) Ltd; Applicant: Ngwane Mining (Pty) Ltd; Applicant: Sparus Consulting CC; Respondent: Absa Bank Limited; Respondent: Marthinus van Rensburg N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 November 2016
Case Number
75782/13
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
MNGQIBISA-THUSI
Legal Topics
Promotion of Access to Information Act, Bank Account Closure, Politically Exposed Persons, Money Laundering Risk Management, Confidentiality of Investigations, Onus in Information Requests
Administrative Law Banking and Finance Civil Procedure Promotion of Access to Information Act Bank Account Closure Politically Exposed Persons Money Laundering Risk Management Confidentiality of Investigations +1 more

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Parties

Fana Hlongwane

Applicant

Ngwane Aerospace (Pty) Ltd

Applicant

Hlongwane Consulting (Pty) Ltd

Applicant

Ngwane Defence (Pty) Ltd

Applicant

Ngwane Properties (Pty) Ltd

Applicant

Ngwane Mining (Pty) Ltd

Applicant

Sparus Consulting CC

Applicant

Absa Bank Limited

Respondent

Marthinus van Rensburg N.O.

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the documents sought by the applicants are required for the exercise or protection of a right.
  2. 2 What rights the applicants seek to exercise or protect.
  3. 3 Whether the reasons provided by the respondents for refusing access to the requested information are valid under sections 62-70 of the Promotion of Access to Information Act.

Ratio Decidendi

The court found that the applicants failed to specify which rights they sought to exercise or protect and did not demonstrate how the requested documents were reasonably required for such purpose. The applicants' request amounted to a fishing expedition, and the respondents' refusal was justified by valid commercial and reputational risks, as well as statutory obligations under FICA regarding politically exposed persons and money laundering risk management. Disclosure of certain information would contravene confidentiality obligations, particularly regarding investigations by the Arms Procurement Commission. The bank was entitled to terminate the relationship on proper notice, and the...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.