logo
Understanding the Banks Act exemption: MEC Zondi's insights on Ithala

Understanding the Banks Act exemption: MEC Zondi's insights on Ithala

IOL News14-05-2025
KwaZulu-Natal Economic Development, Tourism and Environmental Affairs (Edtea) MEC Reverend Musa Zondi.
Image: Sibonelo Ngcobo/ Independent Newspapers
KwaZulu-Natal Economic Development, Tourism and Environmental Affairs (Edtea) MEC Reverend Musa Zondi has discussed issues surrounding the Banks Act exemption and the banking licence and how these affect Ithala SOC Limited.
Zondi discussed the two topics during a media briefing called by the KZN government, led by Premier Thamsanqa Ntuli. Ithala SOC Limited CEO Dr Thulani Vilakazi was also present.
Zondi explained that there is a provision in the Banks Act for an exemption to be granted to certain institutions, such as Ithala SOC, to operate as a fully-fledged bank without having to acquire a banking licence.
'That has been the case from day one until the powers that be decided that they were no longer going to grant it,' Zondi said.
'Denying extending the exemption to Ithala SOC may as well cause an amendment to the Banks Act to do away with the exemption regime.'
Zondi said they are making Ithala operational because they are working within the law governing the banks in South Africa.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Next
Stay
Close ✕
He said he has been a parliamentarian since 1994, and from 1994, there has been a persistent call from parliamentarians that a state bank should be established.
'There has been no success to date. Ithala is the only, if you like, existing state bank which has been successful,' Zondi said.
'So why kill something that is already successful?'
On Ithala's acquisition of a banking licence, Zondi explained that the reason they needed to acquire a banking licence is to comply with the current situation where the Prudential Authority has withdrawn the bank's ability to operate.
'As parliamentarians, when we drafted that Act we drafted it with state institutions like the land bank and others (in mind), will they need a commercial licence, do you need to privatise them. No, you don't need to privatise them and therefore that exemption clause was put in there,' Zondi said.
thobeka.ngema@inl.co.za
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Prudential Authority: Ithala Bank's survival must respect the rule of law
Prudential Authority: Ithala Bank's survival must respect the rule of law

IOL News

time7 hours ago

  • IOL News

Prudential Authority: Ithala Bank's survival must respect the rule of law

The future of Ithala bank continues to argued in court Image: Doctor Ngcobo / Independent Newspapers The need to preserve the existence of Ithala Bank cannot override the rule of law, as Ithala was always required to comply with the Banks Act; this was the argument heard by the three Judges (full bench) at the Durban High Court on Friday. This is because the Ithala's Repayment Administrator (RA) and the South African Reserve Bank's Prudential Authority (PA) are appealing the Pietermaritzburg High Court decision that the entity can continue to conduct its business. Ithala held an exemption from the PA, which allowed it to take deposits. That exemption expired in December 2023. In January, the PA filed for Ithala's liquidation, and Johannes Kruger, the RA, instructed Absa Bank Limited to freeze all Ithala's accounts following the expiration of the exemption. However, Ithala continued to accept deposits and failed to assure the PA that it would cease its deposit-taking activities. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ As a result of Kruger's instruction, Ithala's day-to-day running effectively stopped on January 16, 2025. Ithala took this to the Pietermaritzburg High Court, and Judge Muzi Ncube interdicted and restrained Kruger from issuing any instructions. He said, pending the outcome of the liquidation appeal, Ithala could continue with its day-to-day running. T he Judge also stated that Kruger lacks operational and management control over Ithala's day-to-day operations. Moreover, Judge Ncube said if Ithala was forced to close its doors, members of the public would not be able to access their funds, and those who are South African Social Security Agency (Sassa) recipients would not be able to access their grants. He said the bank could be sued by unpaid service providers, and it could be evicted from its lease premises. Additionally, the Judge granted PA and Kruger leave to appeal his ruling at the Supreme Court of Appeal (SCA) and made an order for his ruling to remain in force, pending the appeal. In written arguments heard by the full bench, Kruger said Ithala should not frustrate his ability as RA to take over the operations and its assets to achieve the objective of his appointment. On December 18, 2023, the PA appointed Kruger as the RA. His appointment related to the repayment management of deposits collected unlawfully by Ithala. He asked for the full bench to set aside the orders made by Judge Ncube to give the bank the green light to function. 'If depositors will suffer harm and Ithala also claims that it will suffer harm, for purposes of the interim interdict, this court will weigh the balance of convenience,' the PA argued. The PA further argued that, according to sections 18(1) and 18(3), Judge Ncube should have rejected Ithala's application if it meant that depositors would also face irreparable harm, as this would violate their rights. 'Granting the orders would also go against the clear responsibilities outlined in the Banks Act, which are designed to protect depositors' interests,' read the arguments. In its response, Ithala said both PA and Kruger believe that they have the effect of suspending the constitution of the country, the basic conditions of the Employment Act 75 of 1997, the Companies Act of 71 of 2008, and the Income Tax Act 58 of 1962, amongst others. 'They believe they can unilaterally decide to halt the operations of a State-owned company and cancel all its contracts with its employees and service providers without a court order in circumstances where there is a pending litigation before the Courts over the extent of their powers,' Ithala said in its written arguments. It added that on January 20, 2025, Kruger, in defiance of an existing court order, unilaterally determined that salaries and benefits of Ithala employees would not be paid. Ithala warned that if the full bench rules in favour of PA and RA, the bank will shut down before the SCA appeal on its liquidation is heard. The provincial government, which has joined the fight in support of Ithala, said the findings of Judge Ncube were correct. 'Ithala has been placed in limbo through the conduct of Kruger,' it said.

COGTA Committee demands accountability from Endumeni Municipality over corruption and audit failures
COGTA Committee demands accountability from Endumeni Municipality over corruption and audit failures

The Citizen

time12 hours ago

  • The Citizen

COGTA Committee demands accountability from Endumeni Municipality over corruption and audit failures

The Endumeni Municipality has come under renewed scrutiny following a visit by the KwaZulu-Natal Legislature's Cooperative Governance and Traditional Affairs (COGTA) Portfolio Committee. The municipality, where municipal manager Sithembiso Ntombela was controversially promoted to the Premier's office despite being named in a COGTA forensic report into alleged tender corruption, drew sharp criticism during the oversight visit. Committee Chairperson Marlaine Nair described the municipality's recent audit outcome as 'damning', referring to a disclaimer audit opinion – the worst possible – and calling for urgent turnaround strategies. 'The municipality recorded R39 million in unauthorised spending, R228 million in debtor arrears, and electricity losses of 35%, which is far above acceptable norms,' Nair said. 'Budgets remain unfunded, Eskom debt is escalating, and internal systems are weak.' While the Municipal Public Accounts Committee (MPAC) previously struggled to reach quorum, Nair noted improvements during the session and said the Committee had requested follow-up reports within two weeks. 'These hearings were not simply for complaints,' she added. 'We issued clear recommendations and set out practical follow-up actions. Oversight without enforcement is meaningless – we intend to hold this municipality accountable.' Nair confirmed the Committee would probe all sections of the Section 106 investigation report, as well as reports on consequence management and internal disciplinary proceedings. She also said she would follow up on allegations that performance bonuses were paid to senior officials despite severe governance failures. 'Anyone with credible evidence of corruption or maladministration can write to the MEC and request an investigation,' she added. Responding, FC Bester of the Endumeni Residents' Association said the community had already sent letters to the Premier's office calling for urgent intervention but received no reply. 'We will only believe that action is being taken once heads roll,' Bester concluded. HAVE YOUR SAY: Like our Facebook page, follow us on Twitter and Instagram or email us at [email protected]. Add us on WhatsApp 071 277 1394.

Ithala court battle rages on
Ithala court battle rages on

TimesLIVE

timea day ago

  • TimesLIVE

Ithala court battle rages on

Three judges in KwaZulu-Natal on Friday heard arguments which could determine the fate of Ithala SOC and about R2.6bn it holds through 'deposits' it took when it allegedly unlawfully operated as a bank. Ithala, a financial agency, held an exemption from the SA Reserve Bank prudential authority (PA) which entitled it to take deposits, many of which were South African Social Security Agency (Sassa) pensions. The exemption expired in December 2023. The PA has alleged the financial institution continued taking deposits up until January 2025. The PA appointed a repayment administrator (RA), Johan Kruger, to take control of Ithala and secure the deposits for repayment and redistribution. What followed was a flurry of litigation over his powers, including an application by the KwaZulu-Natal government seeking to review and set aside Kruger's appointment on the basis it was unlawful and an application by Kruger for the liquidation of the provincial government-owned entity which has been in existence for 40 years. At the heart of the dispute, which came before the full bench, sitting in the Durban high court on Friday, is an order granted in November last year by Pietermaritzburg high court judge Muzi Ncube, who ruled effectively Kruger had overstepped his powers by freezing all of Ithala's bank accounts, held at Absa Bank, not only those containing the deposits. He ordered Absa Bank to immediately unfreeze the accounts. In May this year, Ncube granted the PA and Kruger leave to appeal this ruling to the Supreme Court of Appeal (SCA). This would ordinarily have the effect of suspending the ruling. However, Ncube, at Ithala's behest, granted an order in terms of the Superior Courts Act that his ruling remain in force, notwithstanding the pending appeal. It is this order the PA and Kruger are seeking to set aside. Ithala is opposing the application, arguing if granted it will be the end of the agency. 'Ithala is not some pyramid scheme that will disappear with depositors' money, it is a government-backed business. 'They are asking the court to condone and enable their continued unlawful self help,' it argued in papers. Ncube ruled Kruger could not involve himself in the normal operations of Ithala, did not have operational and management control over the day-to-day operations and affirmed the board continued to hold management powers. He said pending the final outcome of the liquidation application, Ithala was entitled to continue conducting its non-deposit taking business, pay salaries and related expenses, rent for properties it was leasing and other bills. The PA and Kruger believe the order will be overturned by the SCA because Kruger was acting in terms of the Banks Act. In a written argument, the PA said Ncube, when granting the enforcement order, had failed to consider the 'irreparable harm that would be suffered by depositors, creditors and the public interest' and the probability of a 'run' on deposits. Such an order could only be granted in exceptional circumstances, they argued. 'The court failed to appreciate it was common cause that Ithala had co-mingled its operational bank accounts relating to employees' payroll, pensions, medical aid, disability insurance and the UIF and other operational expenses, and those accounts that were used for taking deposits. 'The court had also impermissibly relied on a non-existent guarantee issued by the minister of finance and contended it would insulate depositors from a run on deposits. 'The purported guarantee was unlawful as it was not issued in terms of the Public Finance Management Act.' Any harm to Ithala was due to its own unlawful conduct, the PA said. Kruger said not only was he entitled to take control of the funds to prevent their dissipation, he was required to by law. He said in spite of the lapse of the exemption notice, Ithala had repeatedly refused to give an undertaking that it would immediately cease taking deposits and he had been forced to approach the court to enforce this. 'It is patently clear, even on Ithala's own version, that until January 16 2025, it continued to receive deposits unlawfully and paid lip service to the demands made by the PA or the RA. 'It is also clear the reason for this is it would in all probability lead to the demise of Ithala. If they stopped their unlawful conduct, it would be the end of their banking services and the entity itself.' Kruger, in his written argument, said the PA had directed and demanded Ithala to repay more than R2.4bn within 14 business days. 'The response was the PA and RA were aware it is practically impossible for Ithala to repay the money because Ithala doesn't hold enough cash to pay more than R2.4bn. 'It argued no other bank holds liquid cash equivalents to repay its depositors within 14 days. 'The comparison to other banks is without merit. Ithala is not a bank and has not been authorised to conduct the business of a bank. It was directed in December 2023 to stop taking deposits. 'It is common cause two directives to repay have been issued by the PA, and Ithala has not repaid the deposits and is not in a position to do so. 'This led to the liquidation application. On the common cause facts, the liquidation is a foregone conclusion. It is commercially insolvent on its own version.' Ithala, in its written argument, said the PA and RA seemed to believe they could act contrary to the constitution, employment and other laws. 'They also believe they can unilaterally decide to halt the operations of a state-owned company and cancel all its contracts with its employees and service providers without a court order when there is pending litigation over the extent of their powers.' Ithala said the liquidation application had been brought as a matter of urgency with only one day's notice in January 2025. 'More than five months later, it has not been set down and is unlikely to be heard this year. So much for urgency. 'It is designed to destroy Ithala and bears no relation to the protection of depositors. 'They also want the court to disbelieve the minister of finance when he states publicity and repeatedly he will guarantee all deposits. They are driven by their desire to see Ithala fail.' Ithala said if it was forced to close its doors, its customers, who include poor Sassa grant recipients, will not be able to access their grants. The KwaZulu-Natal government, which is the sole shareholder of the Ithala Development Finance Corporation, has also entered the fray in support of Ithala. In its written argument it said Ncube had correctly found 'exceptional facts' to enforce his order because Ithala had been 'placed in limbo through the conduct of Kruger'.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store