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Fee info leak: Absa wants action

Dec 23 2008 09:18 Maarten Mittner

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Johannesburg - Absa says that it holds the competition commission responsible for the leaking of information about the banking investigation, but experts say it is not clear what the commission can do about it.

Absa spokesperson Keith McIvor says Absa voluntarily presented sensitive information to the commission.

Some of the information was not for public consumption because other banks could then see it, which would curb competition in the sector.

"Absa expects the competition commission to act on the issue," said McIvor.

The commission published a technical report on the investigation on its website, with large portions censored at the request of the banks.

An uncensored version however became available on the Wikileaks website.

The report by the investigating panel, chaired by former judge Thabani Jali, found that the banks were colluding to stifle effective competition in the sector.

Costs levied were exorbitant and not calculated on the basis of real expenses, reads the report.

Competition Commissioner Miranshan Ramburuth wrote to Wikileaks and requested that the uncensored version be removed from its website.

On the website Wikileaks claims to publish information covering various jurisdictions, organisations and individuals.

Once the document has been leaked it is practically impossible to censor it, says Wikileaks.

Legal experts say the competition commission's request to Wikileaks cannot succeed because only the American government can issue such an instruction. It is not a South African website and the commission cannot therefore enforce it.

Even if the American government enforce this, Wikileaks has various other websites around the world, including Britain, Sweden and Tonga.

In the commission's correspondence Ramburuth explains that an undertaking was given to financial institutions that certain information would remain confidential if they so wished.

The Jali panel had made its recommendations as early as June, but the release of the entire report was delayed to afford banks the opportunity to censor certain parts.

The censored information chiefly relates to costs levied on ATM transactions, and banks' actual profits from levies on transfers or Saswitch activities.

The investigation declared these fees exorbitant.

- For business news in Afrikaans, go to sake24.com.

 
 
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