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South Africa Case Law

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Banking And Finance [2023] ZAGPPHC 112

Singh v South African Reserve Bank

Singh v South African Reserve Bank [2023] ZAGPPHC 112; 2020/35964 (20 February 2023)

Court
North Gauteng High Court, Pretoria
Case number
2020/35964
Judge
MNGQIBISA-THUSI

The court found that the SARB had reasonable grounds to suspect the applicant contravened exchange control regulations by using other individuals' discretionary allowances to export funds and failing to plausibly explain the source of R80 million. The SARB acted within its powers under regulations 22A and 22C to block both tainted and untainted funds where the amount involved in contravention might be higher than initially identified. The applicant's reliance on Bidvest Bank's approval was misplaced, as Bidvest was not authorised by Treasury to permit such exports. The SARB's decision was not…

Source excerpt

  • Exchange Control Regulations
  • Blocking Order
  • Promotion Of Administrative Justice Act
  • Discretionary Allowance
  • Rationality Review
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Banking And Finance [2020] ZAGPPHC 181

Leathern N.O and Others v Reserve Bank of South Africa (41306/2019)

Leathern N.O and Others v Reserve Bank of South Africa (41306/2019) [2020] ZAGPPHC 181 (21 May 2020)

Court
North Gauteng High Court, Pretoria
Case number
41306/2019
Judge
Holland-Muter

The court found that the applicants, as trustees of the insolvent estate, are entitled to have the blocked funds in the relevant accounts vest in the estate. The blocking order issued under the Exchange Control Regulations does not operate to exclude the funds from the insolvent estate, as there is no statutory exclusion to that effect. The SARB failed to provide sufficient evidence that the funds were obtained by fraud or as agent, and its reliance on confidential information under section 33 of the Reserve Bank Act was not justified in the circumstances. The blocking order merely restricts…

Source excerpt

  • Exchange Control Regulations
  • Blocking Order
  • Insolvency Trusteeship
  • Vesting Of Property
  • Review Of Administrative Action
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.