Western Cape High Court Judge Judith Cloete did not mince her words when she expressed her annoyance at Standard Bank after its lawyers told the court that the bank accounts of the Sekunjalo Group of companies would remain open even if an interim interdict against the bank was not upheld.
Judge Cloete said the court was under the impression that Standard Bank wanted to apply for leave to appeal the interdict against it, so as to close Sekunjalo’s bank accounts, affecting the livelihoods of more than 4 000 employees.
At the very end of the court proceedings on Thursday, after the legal counsel for Sekunjalo made its arguments, Standard Bank legal representative Phumlani Ngcongo dropped a bombshell when he said that even if the interdict against them was not upheld, Standard Bank would not close the bank accounts, pending an outcome in the Supreme Court of Appeal.
Judge Cloete asked whether a senior representative from Standard Bank was available to explain the turn of events, but the person had left by lunchtime.
“I would’ve thought that offer would have been extended months ago, not in reply on the day of the application for leave to appeal,” said Judge Cloete.
“The Sekunjalo counsel was clearly under the impression, as well as I, that if this matter isn’t finalised in the SCA by 11 September, then it’s goodbye Sekunjalo. I’d spent 48 hours ploughing through all of this (court documents), because of Standard Bank.
“I would’ve expected them (Standard Bank) to be up front about it. It could have, quite frankly, changed a lot about how this application is dealt with.”
Judge Cloete then turned to Sekunjalo’s legal counsel – advocate Muzi Sikhakhane SC, advocate Vuyani Ngalwana SC, advocate Karabo Mvubu, and advocate Isaac Shai – saying the move was unfair towards them.
Sikhakhane said they had never heard about the decision from Standard Bank, and had to take instructions from Sekunjalo.
“This has never come to us before.
“We are here because there is an issue of closing accounts, nothing else. I think this offer is mala fide.
“It’s typical of how this matter is being dealt with,” said Sikhakhane.
Earlier in the day, arguing that Standard Bank’s application for leave to appeal the interim interdict had no merit, Sikhakhane said because the interdict was interim, and not final, it was not appealable.
“This order is not final in nature, it’s not final in effect, and therefore it’s not appealable.
“My authority for that statement is my learned friend himself (advocate Robin Pearse SC, for Standard Bank). He admits that if it’s not final in effect, in nature, it’s not appealable.”
The interdict was handed down against Standard Bank last year, ordering it to refrain from closing the bank accounts until the finalisation of an Equality Court case in which Sekunjalo was challenging alleged unfair discrimination by banks in South Africa, as well as a constitutional challenge in the high court of unfair or unequal treatment, anti-competitiveness and discrimination.
Judgment on Thursday’s proceedings was reserved.
Cape Times