South Africa's top court says bank rand-rigging case can proceed
South Africa's Constitutional Court ruled on Tuesday that competition authorities can pursue forex-rigging claims against six banks including JPMorgan Chase, BNP Paribas and HSBC, clearing the way for a full hearing of allegations that global lenders colluded to manipulate the rand more than a decade ago.
The ruling preserves one of South Africa's largest market-manipulation cases after years of litigation.
The case forms part of a wider global crackdown on foreign-exchange rigging that dates back more than a decade. That crackdown resulted in some of the world's biggest investment banks paying more than a combined $11-billion in fines to settle US, British and European regulatory allegations that traders manipulated currency rates for years.
South Africa's Competition Commission first referred the case to the Competition Tribunal in 2017, alleging traders at major banks coordinated trading activity in the U.S. dollar-rand market between 2007 and 2013, largely through private online chatrooms.
In a judgment handed down by Justice Owen Rogers, the court confirmed that the case will proceed to a full hearing against BNP Paribas, JPMorgan Chase & Co, JPMorgan Chase Bank, Investec, Standard Americas Incorporated and HSBC Bank Plc.
JPMorgan, BNP and HSBC declined to comment. Investec and Standard Americas did not immediately respond to requests for comment.
The claim alleges that Standard Chartered, Citibank, Absa and Barclays were also involved, but those banks have already settled or secured leniency.
Among the banks to settle the case, Standard Chartered admitted to prohibited conduct and paid more than R42-million ($2.6-million) in 2023.
Attempts by the Commission to revive claims against a range of other lenders, including Bank of America, Standard Bank, Nomura, Commerzbank, Nedbank, FirstRand and Credit Suisse Securities (USA), failed.
The case ruled on by South Africa's Constitutional Court on Tuesday will now return to the Competition Tribunal, where the allegations are set to be tested on their merits for the first time since the Commission launched proceedings nearly a decade ago.
Article Enquiry
Email Article
Save Article
Feedback
To advertise email advertising@creamermedia.co.za or click here
Press Office
Announcements
What's On
Subscribe to improve your user experience...
Option 1 (equivalent of R125 a month):
Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format
Option 2 (equivalent of R375 a month):
All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors
including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.
Already a subscriber?
Forgotten your password?
Receive weekly copy of Creamer Media's Engineering News & Mining Weekly magazine (print copy for those in South Africa and e-magazine for those outside of South Africa)
➕
Recieve daily email newsletters
➕
Access to full search results
➕
Access archive of magazine back copies
➕
Access to Projects in Progress
➕
Access to ONE Research Report of your choice in PDF format
RESEARCH CHANNEL AFRICA
R4500 (equivalent of R375 a month)
SUBSCRIBEAll benefits from Option 1
➕
Access to Creamer Media's Research Channel Africa for ALL Research Reports on various industrial and mining sectors, in PDF format, including on:
Electricity
➕
Water
➕
Energy Transition
➕
Hydrogen
➕
Roads, Rail and Ports
➕
Coal
➕
Gold
➕
Platinum
➕
Battery Metals
➕
etc.
Receive all benefits from Option 1 or Option 2 delivered to numerous people at your company
➕
Multiple User names and Passwords for simultaneous log-ins
➕
Intranet integration access to all in your organisation


















