https://www.polity.org.za
Deepening Democracy through Access to Information
Home / Case Law / High Courts RSS ← Back
Financial|Service
Financial|Service
financial|service
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Article Enquiry

Open Secrets and Another v Minister of Finance and Others (55493/2020) [2021] ZAGPPHC 570

Close

Embed Video

Open Secrets and Another v Minister of Finance and Others (55493/2020) [2021] ZAGPPHC 570

Legal gavel

17th September 2021

ARTICLE ENQUIRY      SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

Click here to read the full judgment on Saflii

1.     This application concerns a challenge by the applicants against the regulations promulgated in terms of section 61(1) of the Financial Sector Conduct Authority Act 9 of 2017 (“the FSCA Act”) on 29 March 2018 in Government Gazette No:4155D GN R405 (“the regulations”). These Regulations were twice amended, and on both counts subjected to a public comment process, on 29 March 2019 and 5 August 2020.

Advertisement

2.     The applicants’ case is that the Regulations fall to be declared as unlawful and set aside on the basis that they are:

2.1    unlawful to the extent that they fail to provide for openness and transparency in the appointment process; by the Minister of Finance (“the Minister”) of the commissioner and the Deputy commissioner of the FSCA;

Advertisement

2.2    unlawful to the extent that they fail to provide public access to the interviews conducted by the shortlisting panel;

2.3    ultra vires alternatively irrational, in that the Minister unilaterally adopted the appointment process applicable to the head of one organ of State i.e. the Commissioner for the South African Revenue Service (“SARS Commissioner”), to another, i.e. the FSCA; and

2.4    ultra vires to the extent that they permitted the Minister to not only delegate his obligation of appointment, but also to the extent that they give the shortlisting panel unfettered powers to determine its own process, without any guidance.

3.     Prior to launching this application (i.e. Part B), the applicants had sought urgent application under Part A, interdicting the shortlisting Panel from shortlisting and interviewing the candidates in the appointing of a Commissioner and Deputy Commissioner(s) of the FSCA, and making any recommendations to the Minister. Furthermore, compelling the respondents to publish within 3 days of the grant of the order; the schedule of interviews of candidates so shortlisted and interviewed carried out to date; and the criteria in respect of which such candidates were so shortlisted and interviewed.

EMAIL THIS ARTICLE      SAVE THIS ARTICLE ARTICLE ENQUIRY

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options
Free daily email newsletter Register Now