President Zuma refers FICA Amendment Bill to the National Assembly

29 November 2016

President Jacob Zuma has in terms of section 79 (1) of the Constitution referred the Financial Intelligence Centre Amendment Bill back to the National Assembly for reconsideration.

“I have given consideration to the Bill in its entirety and certain submissions regarding the constitutionality of the Bill. After consideration of the Bill and having applied my mind to it, I am of the view that certain provisions of the Bill do not pass constitutional muster. In terms of section 79 (1) of the Constitution I have therefore referred the Bill to the National Assembly for reconsideration for the reasons set out to the Speaker of the National Assembly,” the President said.

The President specifically raised concern with the provisions of the Bill relating to warrantless searches, which according to him fall short of the constitutional standard required for the provision not to unjustifiably limit the right to privacy.

The President further said he was of the view that even though the purpose to be served by the Bill was very important and pressing, however all the provisions of the Bill must be in line with the Constitution.

Issued by Bongani Ngqulunga on behalf of the Presidency, 29 November 2016