Zuma's stand on FIC Bill is incorrect – senior counsel
Two independent members of senior counsel told MPs of the Standing Committee on Finance on Wednesday that President Jacob Zuma’s interpretation of the Financial Intelligence Centre (FIC) Bill is not correct.
The Financial Intelligence Centre (FIC) Bill will indeed pass constitutional muster, said Advocate Ishmael Semenya SC, who provided a legal opinion on behalf of the Standing Committee on Finance in Parliament.
“We have concluded that the proposed section in the bill... is consistent with the constitution,” Semenya told MPs and stakeholders during public hearings on the bill.
“In view of this, the National Assembly would be perfectly entitled to simply reaffirm the bill in its existing form.”
However, in an amendment Semenya said: “In the event that the National Assembly wanted to, it could also amend the bill to make expressly clear the limits of the searches under (the relevant) section.”
He suggested including an additional subsection to the proposed section, stating that where inspectors enter premises without a warrant they do so at a reasonable time, on reasonable notice and with respect for and protection of the dignity, freedom, security and personal privacy of the person whose premises are being searched.
Zuma sent the FIC Bill back to Parliament on November 30, because he had reservations about its constitutionality – specifically with regard to the clause that provides for warrantless searches.
The bill was passed by Parliament in May this year and forwarded to Zuma for ratification, but he delayed signing it into law, as he was considering objections raised by, among others, Mzwanele Manyi on behalf of the Progressive Professionals Forum.
Comments
Research Reports
Projects
Latest Multimedia
Latest News
Showroom
Goodwin Submersible Pumps Africa is sole distributors for Goodwin electrically driven, submersible, abrasion resistance slurry pumps.
VISIT SHOWROOM
Booyco Electronics, South African pioneer of Proximity Detection Systems, offers safety solutions for underground and surface mining, quarrying,...
VISIT SHOWROOM
Press Office
Announcements
What's On
Subscribe to improve your user experience...
Option 1 (equivalent of R125 a month):
Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format
Option 2 (equivalent of R375 a month):
All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors
including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.
Already a subscriber?
Forgotten your password?
Receive weekly copy of Creamer Media's Engineering News & Mining Weekly magazine (print copy for those in South Africa and e-magazine for those outside of South Africa)
➕
Recieve daily email newsletters
➕
Access to full search results
➕
Access archive of magazine back copies
➕
Access to Projects in Progress
➕
Access to ONE Research Report of your choice in PDF format
RESEARCH CHANNEL AFRICA
R4500 (equivalent of R375 a month)
SUBSCRIBEAll benefits from Option 1
➕
Access to Creamer Media's Research Channel Africa for ALL Research Reports on various industrial and mining sectors, in PDF format, including on:
Electricity
➕
Water
➕
Energy Transition
➕
Hydrogen
➕
Roads, Rail and Ports
➕
Coal
➕
Gold
➕
Platinum
➕
Battery Metals
➕
etc.
Receive all benefits from Option 1 or Option 2 delivered to numerous people at your company
➕
Multiple User names and Passwords for simultaneous log-ins
➕
Intranet integration access to all in your organisation
