Pather and Another v Financial Services Board and Others (57617/10)
Pather and Another v Financial Services Board and Others (57617/10) [2014] ZAGPPHC 303; [2014] 3 All SA 208 (GP); 2014 (9) BCLR 1082 (GP) (20 March 2014)
The court held that the Enforcement Committee had jurisdiction to impose administrative penalties for contraventions of section 76 of the Securities Services Act, 36 of 2004, as the Act's provisions for administrative penalties operate independently of the criminal jurisdiction conferred on the High Court and Regional Court by section 79. The transitional provisions of section 78(4) of the 2008 Amendment Act preserved the Committee's jurisdiction for investigations and proceedings pending or instituted before the amendments took effect, including the applicants' matter. The Committee was enti…
Source excerpt
- Securities Regulation
- Administrative Penalties
- Jurisdiction Of Statutory Bodies
- Standard Of Proof
- Constitutional Review
- Promotion Of Administrative Justice Act