Sylla and Others v Minister of the Department of Finance and Another (08/38696) [2011] ZAGPJHC 200 (13 December 2011)

Sylla and Others v Minister of the Department of Finance and Another (08/38696) [2011] ZAGPJHC 200 (13 December 2011)

The court held that Standard Bank, as an authorised dealer, was not 'a person authorised by the Treasury' for purposes of Regulation 3(1) of the Exchange Control Regulations. Only officials in the Exchange Control Department of the Reserve Bank have such authority. The applicants, through their entities, committed...

Source-derived case information.

Citation
[2011] ZAGPJHC 200
Parties
Applicant: Moussa Sylla; Applicant: Sylla Diamond International (Pty) Ltd; Applicant: Sylla Properties CC; Respondent: Minister of the Department of Finance; Respondent: South African Reserve Bank
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 December 2011
Case Number
08/38696
Procedural Posture
Review Application / Final Judgment on Review Application
Outcome
Application dismissed with costs.
Judges
P Boruchowitz
Legal Topics
Exchange Control Regulations, Blocking Orders, Jurisdictional Facts, Unfair Administrative Action, Delegation of Powers
Administrative Law Banking and Finance Exchange Control Regulations Blocking Orders Jurisdictional Facts Unfair Administrative Action Delegation of Powers

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Summary, issues, holding and outcome

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Parties

Moussa Sylla

Applicant

Sylla Diamond International (Pty) Ltd

Applicant

Sylla Properties CC

Applicant

Minister of the Department of Finance

Respondent

South African Reserve Bank

Respondent

Procedural Posture

Review Application / Final Judgment on Review Application

Legal Issues

  1. 1 Whether Standard Bank was 'a person authorised by the Treasury' under Regulation 3(1) of the Exchange Control Regulations.
  2. 2 Whether the blocking orders issued by the Reserve Bank official were lawful and based on reasonable grounds.
  3. 3 Whether the applicants or their entities committed contraventions of Regulation 3(1)(c) of the Exchange Control Regulations.

Ratio Decidendi

The court held that Standard Bank, as an authorised dealer, was not 'a person authorised by the Treasury' for purposes of Regulation 3(1) of the Exchange Control Regulations. Only officials in the Exchange Control Department of the Reserve Bank have such authority. The applicants, through their entities, committed contraventions of Regulation 3(1)(c) by exporting foreign currency without the required permission. The blocking orders were lawfully issued by the Reserve Bank official, who had reasonable grounds to suspect contraventions based on thorough investigation and supporting evidence. The decision to block the funds was rational and related to the purpose of the regulations, namely...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The costs of the application, including the costs of the first and second respondents, are to be paid by the applicants jointly and severally, the one paying, the other to be absolved.