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Author Archive | Dr Tarryn Bannister

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The Protection of Personal Information and Social Media

While the focus is often on the commercial importance of data protection, privacy is also recognised as an important human right. This recognition is evidenced in South Africa, where the right to privacy is protected under the common law, Section 14 of the South African Constitution, and through the Protection of Personal Information Act, 4 of […]

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Force majeure in the time of COVID-19 – A Contract law perspective on the matter

The outbreak of COVID-19 has had a significant impact on both the health care system and the economy. The lockdown enforced by the South African government has, furthermore, prevented many South African businesses from operating. This article briefly examines the impact of force majeure/vis major on contractual performance within the context of the COVID-19 pandemic. […]

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Gender equality status in the financial services industry

In spite of South Africa’s progressive Constitutional and legislative framework, gender equality in South Africa remains elusive. The most extreme manifestation of this inequality is evidenced in the high levels of gender-based violence within South Africa. In the financial services industry, there are two aspects to gender equality. The first aspect entails addressing representation within […]

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Intersection between human rights and business

Hobson’s Choice – The growing intersection between human rights and business stemming from the Momentum case Momentum’s initial refusal to pay out Mr Nathan Ganas’ life insurance policy to his widow (due to him not disclosing his pre-existing condition of diabetes) has been largely condemned. The fact that Mr Ganas was shot and killed during […]

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Conduct of Business Regulatory and Supervisory Developments

The FSB Insurance Division’s recent Seminar focused on planned conduct of business regulatory and supervisory developments in the insurance sector. Many of these developments are driven by three overarching objectives, including redesigning the organisational framework, establishing a robust regulatory framework and increasing the focus on transformation in the financial services industry. The importance of improving […]

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Proposed Amendments to General Code of Conduct: Sections 8 & 9

The Registrar has published proposed amendments to the General Code of Conduct for Authorised Financial Services Providers and Representatives, 2003 and proposed amendments to the Specific Code of Conduct for Authorised Financial Services Providers and Representatives conducting Short-term Deposits Business, 2004. The closing date for comments is 28 February 2018. A number of these amendments were briefly […]

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