South Africa Case Law

Harlyn Trading International (Pty) Ltd v The Financial Intelligence Centre and Another (A267/2020)

Harlyn Trading International (Pty) Ltd v The Financial Intelligence Centre and Another (A267/2020) [2021] ZAGPPHC 618 (20 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

A267/2020

Judges

Basson, VP Noncembu

The court dismissed an appeal against an FIC administrative sanction, holding that the 10% baseline penalty was only a guideline and that mitigation was considered.

• Financial Intelligence Centre Act
• Administrative Sanctions
• Discretion In Penalty
• Mitigating Factors
• Money Laundering Compliance
• Administrative-law

Annex Distribution (Pty) Ltd and Others v Bank of Baroda (52590/2017)

Annex Distribution (Pty) Ltd and Others v Bank of Baroda (52590/2017) [2017] ZAGPPHC 608; 2018 (1) SA 562 (GP) (21 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

52590/2017

Judge

Fabricius

The court held that there is no recognized cause of action for an 'interim-interim' interdict outside the established requirements for interim interdicts. The applicants failed to plead or establish a prima facie right to the relief sought, did not demonstrate that the bank's termination notices were invalid or that reasonable notice was lacking, and did not show irreparable harm or absence of alternative remedies. The contractual terms expressly permitted termination and calling up of loans at the bank's discretion. The bank's decision was justified by reputational, regulatory, and complianc…

Source excerpt

• Banker Customer Relationship
• Interim Interdict
• Reasonable Notice
• Contractual Termination
• Public Policy In Contract
• Money Laundering Compliance