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Nedbank has shown discrimination towards Sekunjalo, court finds

File Picture: Tracey Adams/ANA

File Picture: Tracey Adams/ANA

Published Jun 17, 2022


Pretoria - The Sekunjalo Group of Companies (Sekunjalo) on Friday won an interim order in the Equality Court preventing Nedbank from closing its bank accounts.

Presiding over the interdict proceedings in the Equality Court sitting in Western Cape High Court, Judge Mokgoatji Dolamo found that Sekunjalo had a prima facie case of discrimination, and that it has been treated differently to the likes of Steinhoff, Tongaat, EOH and others by Nedbank.

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He also found that Sekunjalo and its entities would suffer irreparable harm if their accounts were to be closed, something Nedbank sought to diminish in its technical representations to the court.

Judge Dolamo added that Nedbank’s argument that the Sekunjalo Group could find other remedies, did not hold water.

He also agreed that Sekunjalo has made out a proper case for interim relief, and therefore granted an interim interdict in terms of the provisions of PEPUDA Act 4 of 2000.

As a result, Nedbank has been ordered to stop any closures and re-open any accounts that have already been closed.

The financial institution has also been ordered to pay the costs of the application.

“This is a resounding victory for not only Sekunjalo and its Group of Companies, but for all South Africans who have faced any form of discrimination by the banking fraternity,” said a jubilant Sekunjalo chairman, Dr Iqbal Survé on Friday.

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“I would like to thank my colleagues, and the teams who have worked tirelessly on preparing for this case and fighting the prejudices of the past that still make themselves felt in the present, for all their effort and their support. This is one step closer to realising an equal society for all in South Africa at last.”