Ndudane and Others v Financial Intelligence Centre (EC/01/22)
Ndudane and Others v Financial Intelligence Centre (EC/01/22) [2024] ZAWCHC 38; 2024 (5) SA 549 (WCC) (13 February 2024)
The applicants established a legal right to access the information held by the FIC under section 32(1) of the Constitution and sections 40 and 41 of FICA. The court found that the Equality Court has the power to grant interlocutory orders for access to information necessary for the determination of the main complaint. The information sought is material to the applicants' allegations of unfair discrimination and unequal treatment by the banks. The FIC's objections regarding lack of legal entitlement, non-compliance with PAIA, and non-joinder of affected entities were rejected. The court held t…
Source excerpt
- Financial Intelligence Centre Act
- Access To Information
- Equality Court Procedure
- Unfair Discrimination
- Risk Management Compliance
- Constitutional Right To Equality