Johannesburg -The council for the Advancement of the South African Constitution (Casac) has sent a memorandum to the portfolio committee on finance urging it to deal with Presidents Jacob Zuma’s concerns over the Financial Intelligence Centre Amendment Bill (Fica) as a matter of urgency.
This is after Zuma sent it back to the National Assembly, questioning its constitutionality and referring it back to the legislature for reconsideration.
Casac said in a memorandum it was obvious that further delays in the promulgation of the bill would leave South Africa with a deficient statutory and regulatory framework for anti-money laundering measures and the combating of terrorism financing, and to undermines its compliance with its international obligations. “Casac does not endorse the President’s reservations, and makes the recommendations to assist the National Assembly in urgently progressing the Fica Bill’s enactment.”
Zuma referred the Bill for reconsideration, saying he was of the view that certain provisions of the Bill did not pass constitutional muster.
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The President specifically raised concern with the provisions of the Bill relating to warrantless searches which according to him fell short of the constitutional standard required for the provision not to unjustifiably limit the right to privacy. Zuma added he was of the view that even though the purpose to be served by the bill was important and pressing all its provisions must be in line with the Constitution.
Casac had already launched an application in the Constitutional Court on November 4, seeking a declaratory that the President had failed to perform a constitutional obligation in terms of section 79(1) of the constitution in that he failed to either assent to and sign the bill or refer it back to the National Assembly for reconsideration of specified reservations without delay.
In the Casac memorandum, executive secretary Lawson Naidoo, said the President’s reservations must be considered by the portfolio committee as a matter of urgency.