Fica bill's warrantless searches constitutional, argues Casac

Legal experts believe that the Financial Intelligence Centre Amendment (Fica) Bill does have constitutional muster, after President Jacob Zuma sent it back to Parliament.

The Council for the Advancement of the South African Constitution (Casac) shared it legal opinion during a submission to Parliament, that the bill is constitutional as it currently stands.

Casac executive secretary Lawson Naidoo explains that Zuma sent the bill back due to concerns that searches without a warrant could amount to an invasion of privacy.

The bill aims to curb money laundering, illegal outflows of capital and terror financing and could see inspectors from the Financial Services Board and the Registrar of Banks search suspects without warrants.

Naidoo advises that other legislation provides searches without warrants, providing there are proper safeguards in place - which the bill has.

Take a listen to his legal opinion and detailed explanation:


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