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Home / Posts tagged “Debarment”

Debarment

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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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Tribunal upholds debarment over R1.1m ‘protection’ payments

The applicant’s own admissions supported Sanlam’s decision, and the section 14 process does not mirror a disciplinary hearing or a trial.

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Representative’s ‘fate was sealed before she was heard’

The Tribunal found both that the process was unfair and that the FSP had not established dishonesty, recklessness, or lack of fitness and propriety.

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Tribunal ruling reinforces substance over form in insurance

CDH says the decision highlights the risks for businesses that incorporate cover or risk-transfer arrangements into broader commercial offerings.

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FSP ‘cannot sidestep’ restraint question in dishonesty case

The Tribunal finds that the alleged misrepresentation, non-disclosure, and materiality all depended on the contractual issue the FSP declined to establish.

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FST draws the line between suspicion and proof in adviser’s debarment case

The decision examines why client complaints, cellphone records, and handwriting evidence failed to establish dishonesty on a balance of probabilities.

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Poor sales process alone does not justify debarment

The Tribunal held that procedural shortcomings must be distinguished from conduct showing a representative lacks honesty and integrity.

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Internal record manipulation can justify debarment, Tribunal finds

Five related decisions involving former Pineapple reps illustrate how misconduct affecting internal operational records may engage the honesty and integrity requirements.

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Retiring broker’s move to rival FSP was not dishonest, Tribunal finds

The source of an obligation does not determine whether disputed conduct amounts to genuine fit-and-proper misconduct.

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Tribunal sets aside Sanlam debarment over procedural defects

The FSP could not prove key elements of the process, including proper notice of the proceedings, and the conduct of the hearing.

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Tribunal draws a hard line on undisclosed client benefits

The decision turned on the adviser’s acceptance of personal benefits from a client, the lack of proper compliance disclosure, and the higher standard expected of a KI.

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FSCA withdraws SA Army Foundation licence, fines officials R44.7m

The Authority debars two senior officials for 30 years after finding unlawful financial practices linked to the SANDF group life insurance scheme.

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R2m fine as FSCA tightens net on unlicensed investment schemes

Twin enforcement actions show sustained pressure on unauthorised operators and market misconduct.

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Undisclosed referrals to a competitor FSP lead to debarment

Reconsidering the matter after a High Court remittal, the Tribunal finds the referral activity failed the fit and proper test.

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Debarment overturned after Tribunal criticises ‘desktop’ investigation

A failure to verify a client’s income amounted at most to negligence, but the evidence did not justify debarment for dishonesty.

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Appeal court leaves FAIS debarment ruling intact

The Full Bench finds that the information available to the FSP was sufficient to justify initiating the statutory debarment process.

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FST sets aside debarment after finding contradictions in forensic evidence

Sanlam found that the client’s signatures were forged, but its own handwriting expert came to a different conclusion.

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FST affirms strict honesty standard in document alteration case

The Tribunal upholds the debarment of an F&I consultant who altered delivery and witness details on vehicle finance documents.

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