Gurib-Fakim Loses Court Bid in Rs 500m Suit Against ABSA Bank

Former Mauritius President Ameenah Gurib-Fakim has suffered a setback at the Supreme Court of Mauritius in her high-stakes legal action against ABSA Bank, in which she is seeking Rs 500 million in damages.

Gurib-Fakim, who served as head of state from 2015 until her resignation in 2018, alleges that the bank unlawfully disclosed her personal and financial data, constituting a serious breach of confidentiality. The financial information at the centre of the dispute relates to her use of a credit card connected to the Planet Earth Institute, a London-based scientific organisation of which she was a leading figure.

The Planet Earth Institute credit card controversy was a key element in the scandal that ultimately led to her resignation from the presidency. It was alleged at the time that she had used the card for personal purchases, claims she consistently denied. The disclosure of her banking records became a separate and significant point of contention, leading to the current civil action.

In this latest development, the Supreme Court has ruled against her on a procedural or substantive point, handing ABSA Bank a legal victory at this stage of proceedings. The full reasoning of the court has not yet been detailed in public reporting, but the ruling represents a significant obstacle for the former president's case.

ABSA Bank, formerly known as Barclays Bank Mauritius, is one of the island's major commercial banks. It rebranded under the ABSA name following the South African financial group ABSA Group's acquisition of Barclays Africa operations.

Gurib-Fakim is a distinguished scientist and was the first woman to serve as President of Mauritius. Her tenure ended abruptly amid the financial controversy surrounding the Planet Earth Institute credit card, making her departure one of the most turbulent episodes in recent Mauritian political history.

A claim of Rs 500 million would be one of the largest personal damages suits against a bank in Mauritius, underscoring how seriously she views the alleged breach of her private financial data.

What this means: The Supreme Court setback does not necessarily end the case entirely, as legal proceedings can continue through further hearings or appeals depending on the nature of the ruling. However, it weakens Gurib-Fakim's position considerably and suggests the court is not persuaded, at least at this stage, that her claim should proceed as originally filed. Observers will watch closely for any appeal or next steps in what remains one of Mauritius's most closely followed legal disputes.

Source: Le Defi Media