Nedbank Limited and Another v Survé and Others

Dr Mohammed Iqbal Survé and numerous companies within the Sekunjalo Group lodged proceedings in the Equality Court alleging unfair racial discrimination after several banks, including Nedbank Limited and Nedgroup Private Wealth Stockbrokers (Pty) Ltd, terminated or sought to terminate their banking relationships. Nedbank issued termination notices in November 2021, giving 120 days’ notice, citing reputational and association risks arising primarily from adverse findings and commentary in the Mpati Commission of Inquiry into the Public Investment Corporation, as well as concerns arising from transactional analyses and unsatisfactory explanations. The respondents alleged that the termination of their accounts constituted unfair discrimination on the ground of race, asserting that other allegedly ‘white-dominated’ companies implicated in serious corporate scandals (such as Steinhoff, EOH and Tongaat Hulett) were not treated similarly. They sought and obtained an interim interdict in the Equality Court preventing Nedbank from closing their accounts and compelling the reopening of accounts already closed, pending finalisation of the Equality Court complaint. Nedbank appealed against that order to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The order of the Equality Court was set aside and replaced with an order dismissing the application for interim relief with costs.

This judgment clarifies the evidentiary threshold required to establish a prima facie case of unfair discrimination in Equality Court proceedings, particularly in applications for interim interdicts. It affirms that conjecture, perception, or unsupported inference is insufficient, and that proper factual grounding is essential before the burden of proof shifts under section 13 of the Equality Act. The case is also significant for confirming that interim interdicts may be appealable in the interests of justice, even where they are not final in effect, and for reinforcing banks’ contractual rights to terminate banking relationships subject to lawful and non-discriminatory grounds.