Mark Shuttleworth has struck the Reserve Bank a heavy R350m or so blow. Most significantly and laudably he is to put R100m of his damages into a fund to help South Africans pursue their constitutional rights. In this way he may well help to protect SA property against seizure by the government without proper compensation. Whether exchange control itself would survive a constitutional court action remains as moot as ever.
The Shuttleworth Appeal succeeded on the basis that the 10% levy collected by the Reserve Bank did not pass the constitutional test of “A Money Bill – as defined by sections 75 and 77 of the Constitution of South Africa” and not because the court decided that exchange control was either illegal or unhelpful. Nor, it appears, was the court asked to so decide. Continue reading A blow for Mark Shuttleworth – but not for freedom