Condonation of late application for reconsideration of debarment
The recently updated Financial Services Tribunal Consolidated Rules contain the following stipulations regarding time frames: An application for reconsideration must be made: if the applicant requested reasons in terms of section 229 of the Act, within 30 days after the statement of reasons was given to the applicant or in all other cases, within 60 days […]
When is it legal to record conversations without consent?
The protection of Personal Information Act (POPIA) is looming large on the horizon, and privacy governance is about to become an integral part of the way we do business. Prior to this, the Regulation and Interception of Communications Act (RICA) was one of main concerns in this regard. A recent article by Gabriella Keeble of […]
Amended Customary Marriages Act a significant step towards equality for women
On 1 June this year, President Cyril Ramaphosa approved the amended Customary Marriages Bill. This is a significant step towards equality for women in South Africa. Moremadi Mabule, Head of Wills at Sanlam Trust, explains that women who are married under the Customary Marriages Act will now be entitled to a share of the joint […]
The strengthening Rand and investing overseas
If, like me, you watched in amazement as the local currency kept getting stronger against the Dollar and Euro, you might want to read the views expressed in a MoneyMarketing article on Friday. Dave Mohr and Izak Odendaal, two Old Mutual Wealth investment strategists, take us on a global tour, provide a brief lecture on […]
Proposed exemption for CIS managers from obtaining advanced electronic signatures
Board Notice 92 of 2014 requires that a manager must obtain a signed application form or a contract from an investor. However, it is silent on the format or form that such a signature must adopt when contracting through electronic means. Section 13(1) of the Electronic Communications and Transactions Act, 2002 (Act No. 52 of […]
1Plan – the FNA that matches needs with affordability and life stage
“For too long financial needs analyses (FNAs) have calculated an amount that clients need to allocate to insurance and invest without taking affordability into account. If we want to make financial advice more accessible and achievable, FNAs must include affordability considerations.” 1Life CEO, Laurence Hillman, is passionate about making financial advice accessible to more South […]
Health tools and services
South Africa appears to be well on track with its development of health-related apps which help clients avoid the costly, and often dangerous visits to their GPs and hospitals. Elsewhere in the world, the same thing is happening. In an article titled “Big Tech becomes Big Health”, Wunderman Thompson Intelligence notes that new health ventures […]
Tribunal publishes guidelines for reconsideration appeals
There can be little doubt that the Financial Sector Tribunal has made a huge difference in the industry as far as bringing legal certainty in an environment where the small guys and girls often had to face the wrath of employers, regulators and dispute resolution forums alone. As the Tribunal is an institution operating in […]
Debarment proceedings time bar clarified
An interesting recent finding by the Financial Sector Tribunal sheds some light on how sec 14(5) of the Financial Sector Regulation Act 9 of 2017 should be interpreted. The applicant applied for the reconsideration of his debarment under sec 14 of the Financial Advisory and Intermediary Act 37 of 2002 by the respondent. The original […]
Two wrongs doth not a right make
Regular readers will know that I have expressed my frustrations in the past with people who approached the Financial Sector Tribunal for leniency despite being blatantly dishonest. A recent decision by the Tribunal had a different slant, but the same result. A young man, after making a human error, followed the wrong path to try […]
