NCA matters – Magistrate court has jurisdiction
Towards the end of last year, a judgment by the Grahamstown High Court made it unlawful for banks to bring National Credit Act matters before the high court instead of the much cheaper […]
Compliance and Legislation
Maturity value illustrations – Tribunal re-emphasises need for consumer education
The contentious issue of projections at point of sale versus actual maturity values came to the fore again in a recent Tribunal ruling on whether the Pension Fund Adjudicator was correct in agreeing […]
Maturity value illustrations – Tribunal re-emphasises need for consumer education
The contentious issue of projections at point of sale versus actual maturity values came to the fore again in a recent Tribunal ruling on whether the Pension Fund Adjudicator was correct in agreeing […]
Claim settlement options – OSTI case study clarifies indemnification criteria
In a case study shared in the recently published OSTI annual report, the issue to be determined was whether the insurer’s offer of settlement amounted to indemnification on the part of the insurer. […]
Claim settlement options – OSTI case study clarifies indemnification criteria
In a case study shared in the recently published OSTI annual report, the issue to be determined was whether the insurer’s offer of settlement amounted to indemnification on the part of the insurer. […]
Business Interruption claims – ST Ombud outlines its position
In the wake of what appears to be a substantial number of complaints regarding loss of income due to business interruption as a result of Covid-19, the Office of the Short-Term Ombud has […]
Business Interruption claims – ST Ombud outlines its position
In the wake of what appears to be a substantial number of complaints regarding loss of income due to business interruption as a result of Covid-19, the Office of the Short-Term Ombud has […]
Draft Conduct Standard – Pension contribution recovery process tightened
Towards the end of last week, the Financial Sector Conduct Authority (FSCA) published a draft Conduct Standard and supporting documents on the Requirements related to the payment of pension fund contributions. According to […]
Draft Conduct Standard – Pension contribution recovery process tightened
Towards the end of last week, the Financial Sector Conduct Authority (FSCA) published a draft Conduct Standard and supporting documents on the Requirements related to the payment of pension fund contributions. According to […]
Disciplinary hearings and subsequent debarments – What are the rules
No doubt, most readers will heave a sigh of relief that this is not yet another Covid-19 related article. The link between disciplinary and debarment hearings appears to be a major minefield for […]
Living Annuities and divorce – Supreme Court of Appeal overturns High Court ruling
In 2016 the Johannesburg High Court ruled that a living annuity does not form part of a spouse’s estate for purposes of calculating the accrual claim. This ruling has now been overturned by […]
Joint Communication 2A of 2020 – Clarity for AIs on customer due diligence
A communication issued on 21 April 2020 sets out the Financial Sector Conduct Authority (FSCA), South African Reserve Bank, Prudential Authority (PA) and Financial Intelligence Centre (Authorities) position concerning the Covid-19 pandemic and […]
NCA and commission earners – What is the impact if credit is extended under lockdown?
Since the outbreak of Covid-19, we as South Africans have been faced with extraordinary circumstances, challenging each one of us to think differently in respect of how we conduct business, how we integrate […]
Execution of wills during lockdown – Covid-19 poses problems
“Since 1 January 1954 all wills must be in writing. They can be written by hand, typed or printed. The signature of the testator/testatrix must appear at the end of the will. This […]
Proposed changes to premium collection – FSCA draft notices
The FSCA has published Communication 22 of 2020 (Insurance) to inform stakeholders that two draft general exemptions have been published for comment. The communication sets out the background and current approach and thinking […]
Proposed changes to premium collection – FSCA draft notices
The FSCA has published Communication 22 of 2020 (Insurance) to inform stakeholders that two draft general exemptions have been published for comment. The communication sets out the background and current approach and thinking […]
Investment policies to medical schemes – Exemption proposed for insurers
The FSCA has published Communication 17 of 2020 to inform stakeholders that a draft general exemption has been published for further comment. Due to the different meaning attributed to the term “fund” brought […]
