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Home / Compliance and Legislation / Page 89

Compliance and Legislation

Videos

Day 2 Highlights from the FSCA Industry Conference 2026

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Day 1 Highlights from the FSCA Industry Conference 2026

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Budget: Key changes for taxpayers and investors

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Treating customers fairly – FSP shows commitment in recent Ombud settlement

“The Office of the FAIS Ombud is committed to resolving complaints in a procedurally fair, informal, economical and expeditious manner, with reference to what is equitable in all circumstances. In this vain, the […]

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The High Court rules in favour of the NCR – Credit Providers to implement necessary controls

“Banks should obtain permission from consumers before transferring funds from consumers’ accounts to pay amounts due under credit agreements”, Nomsa Motshegare, Chief Executive Officer of the National Credit Regulator (NCR) commented after a […]

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Debarment process – Financial Sector Tribunal provides practical example on problem areas

Since representatives were given the right to appeal to the Financial Services Tribunal against debarment decisions, many such actions have been set aside by the Tribunal. In most of these cases the prescribed […]

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Getting debarment right the first time – Important considerations when debarring a person

On 1 April 2018, the debarment process under the FAIS Act was amended by the FSR Act 9 of 2017. In terms of section 14(3) of the FAIS Act, a FSP must, before […]

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Long Term Ombud Annual Report – Reflection on the Ganas/Momentum case

The Momentum/Ganas case, which caused a public outcry in November last year, was one of the matters discussed in the Long Term Ombud’s Annual report. According to Ron McLaren, Long Term Ombud, there […]

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Long Term Ombud Annual Report – Cases resolved in favour of complainants increased

“We received 11 768 written requests for assistance, including 5 978 chargeable complaints. In total, 3 367 cases were finalised, of which 31.5% were resolved wholly or partially in favour of complainants”, Judge […]

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COFI Bill – Aims to strengthen regulation customer treatment and general market conduct

The Conduct of Financial Institutions Bill (COFI) intends to regulate how the financial services industry treats its customers. The Bill was published by the Minister of Finance in December 2018 and was open for […]

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Financial Services Tribunal – When can I refer a FAIS Ombud determination?

In the past editions, we have published many articles on the outcome of various FAIS Ombud as well as Financial Services Tribunal decisions, highlighting legislation and regulatory requirements as well as many guidelines […]

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New Financial Sector Ombud provisions postponed – Commencement date of Chapter 14 changed to 1 September 2019

LegalBrief Today reported as follows on the postponement of the establishment of an Ombud council and recognising industry Ombud schemes contained in the FSR Act: “The commencement date of Chapter 14 of the 2017 […]

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FSCA denied application for exemption – Was it justified?

In a recent Financial Tribunal case, the applicant, a sole proprietor and key individual of a brokerage, lodged an appeal for reconsideration of an FSCA decision in October 2018 to decline his application […]

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FSCA denied application for exemption – Was it justified?

In a recent Financial Tribunal case, the applicant, a sole proprietor and key individual of a brokerage, lodged an appeal for reconsideration of an FSCA decision in October 2018 to decline his application […]

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Proposed amendments to Regulation 31 and 32 of Medical Schemes Act – Cost implications for industry

The Council for Medical Schemes has recently released the proposed amendments to Regulation 31 and 32 of the Medical Schemes Act. Regulation 31 deals with the amounts payable to register a medical scheme, […]

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Debarred representatives – When can a rep be reappointed?

On 1 April 2018, the debarment process under the FAIS Act was amended by FSR Act 9 of 2017. Besides stipulating that an FSP must, before debarring a person, take specific steps, the […]

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Blame Storming – Latest FAIS Ombud Determination clarifies accountability for wrong advice

In 2017 the FAIS Ombud made a recommendation that a respondent pays R400 000 to a complainant. This outcome was the result of the breach of the General Code of Conduct, specifically in violation […]

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Credit card fraud – OBS provides insight into complaints

We recently reported on the Ombudsman for Banking Services’ (OBS) review of the first quarter of 2019 which reported on an alarming increase in credit card fraud. Read: Credit card fraud – Elderly […]

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Deductions from pension fund proceeds – Tribunal clarifies the “what and when”

When can an employer claim against an employee’s retirement fund? How is the deduction determined, and is it legal? Can a pay-out be delayed as a result of money owed to the employer? […]

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The POPI Act Glossary – 15 important terms to understand your obligations better

Media update’s Aisling McCarthy recently took readers through a list of 15 terms that you’ll need to know in order to fully understand the POPI Act. The Protection of Personal Information Act or […]

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