PPF STATEMENT ON CONCESSION BY TREASURY OF FICA BILL

3 February 2017

Progressive Professionals Forum has noted with hope the report that National Treasury has conceded that the FICA bill is not as entirely Constitutional as they have been arguing. It is concerning that after spending millions of money on legal fees in order to convince the National Assembly and the people of South Africa that FICA bill is entirely Constitutional, they are now conceding that the warrantless searches does not seem Constitutional, sadly at a high cost of our people's taxes.

The fundamental principle on our objection is warrantless searches by non-security officers, that for us confirms as an as an example the unconstitutionality of the Fic Bill and an embodiment of our principle objection. We propose the following as remedies on the offending clauses amongst others,

*FIC Inspectors must first be vetted before getting access to the financial information of the citizens.

*FIC Inspectors should collate whatever information as required by the law BUT on picking up criminality, they must give that information to appropriate security authority NOT to the Accounting authority institutions which are banks.

* Banks should NOT be allowed to be private courts when we have real courts.

* Section 205(3) of the Constitution which empowers the SAPS as the only authority to deal with crime must not be undermined.

*The Politically Exposed Inclusion goes beyond the requirements of FATF and is arbitrary and designed to target opponents of White Monopoly Capital, as such it must be scrapped.

*Exclusion of Bank Officials in this list is a prominent example of the unfair, unjust and discriminatory nature of this Bill.

* The Bill must respect the security cluster law enforcement agencies as listed in the National Intelligence Act, no 39 of 1994. President:

* The dissolution of the Council will remove objectivity and centralise power to National Treasury and thus is not supported by PPF.

* PPF is against breaking the law to effect the law, as a result, we will continue to implore on the President of the Republic not to sign this Bill in its current calamity into law and if anything, return it to parliament for a complete overhaul.

If this noble request is not adhered to, PPF is ready, prepared, willing and will not hesitate to take the Bill to the Constitutional Court.

Statement issued by Deputy Secretary General of the PPF, Ms Zinhle Cele, 3 February 2017