Odendaal v ABSA Brokers (Pty) Ltd and Another (2243/2010) [2010] ZAFSHC 61 (25 June 2010)

Odendaal v ABSA Brokers (Pty) Ltd and Another (2243/2010) [2010] ZAFSHC 61 (25 June 2010)

The court found that the applicant was not entitled to further documentation beyond what had already been provided, as no specific additional documents were identified or shown to exist. However, the applicant was entitled to the written notification and reasons for debarment furnished to the Registrar, as required by section 14(3) of the Financial Advisory and Intermediary Services Act. The court held that the first respondent was obliged to provide a legible (typed) transcript of the disciplinary enquiry record, as handwritten records that are illegible do not comply with the rules requiring clear and legible documents. The court rejected the applicant's request for consequential...

Citation
[2010] ZAFSHC 61
Parties
Applicant: Nicolaas Odendaal; Respondent: ABSA Brokers (Pty) Ltd; Respondent: Financial Services Board
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 June 2010
Case Number
2243/2010
Procedural Posture
Review Application / Application for Further and Better Discovery and Related Relief Under Rule 30 A(1) in Pending Review Proceedings
Outcome
Application partly granted; first respondent ordered to provide a typed transcript of the disciplinary enquiry record and to pay costs.
Judges
J P Daffue
Legal Topics
Financial Advisory and Intermediary Services Act, Discovery and Production of Documents, Judicial Review, Disciplinary Enquiry Record, Rule 30a Application
Administrative Law Civil Procedure Financial Advisory and Intermediary Services Act Discovery and Production of Documents Judicial Review Disciplinary Enquiry Record Rule 30a Application

Case Brief

Summary, issues, holding and outcome

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Parties

Nicolaas Odendaal

Applicant

ABSA Brokers (Pty) Ltd

Respondent

Financial Services Board

Respondent

Procedural Posture

Review Application / Application for Further and Better Discovery and Related Relief Under Rule 30 A(1) in Pending Review Proceedings

Legal Issues

  1. 1 Whether the first respondent is obliged to provide all documentation considered by the decision maker in the debarment decision.
  2. 2 Whether the applicant is entitled to written notification and reasons for debarment furnished to the Registrar of Financial Services Providers.
  3. 3 Whether the first respondent must provide a legible (typed) transcript of the disciplinary enquiry record.

Ratio Decidendi

The court found that the applicant was not entitled to further documentation beyond what had already been provided, as no specific additional documents were identified or shown to exist. However, the applicant was entitled to the written notification and reasons for debarment furnished to the Registrar, as required by section 14(3) of the Financial Advisory and Intermediary Services Act. The court held that the first respondent was obliged to provide a legible (typed) transcript of the disciplinary enquiry record, as handwritten records that are illegible do not comply with the rules requiring clear and legible documents. The court rejected the applicant's request for consequential...

Court Disposition

Application partly granted; first respondent ordered to provide a typed transcript of the disciplinary enquiry record and to pay costs.

Orders

  • First respondent is directed to lodge with the registrar of this court within 15 days of service of this order a legible (typed) transcript of the record of the disciplinary enquiry conducted on 27 November 2008.
  • First respondent is ordered to pay the costs of this application.