Repaying a client loan doesn’t save a representative from debarment
The Tribunal found that repayment could not undo the misconduct of borrowing from a client and failing to disclose the arrangement.
#FinancialAdvisoryandIntermediaryServicesAct
FSCA investigates Sanus after receiving client complaints
The regulator is examining possible contraventions involving the provider, which operates the EZInvest and Financix trading platforms.
Debarment set aside after call record contradicts key allegations
The Tribunal questioned Clientèle’s ‘free’ voucher advertising and sales script, while the insurer says its Royalty benefit is provided at no additional cost.
Tribunal: FSCA cannot impose joint-and-several penalties under section 167
The FST says the factors in section 167 of the FSRA are individual in nature and must be assessed in determining the appropriate penalty for each person.
When does a lead become intermediation? Four views on a judgment
Responses to the ruling reveal differing interpretations of the causal link required between lead-generation activities and a financial-product transaction.
Wrong email address leaves FSP unable to pursue debarment
The Tribunal found that proceedings had not commenced before the six-month deadline, preventing it from sending the matter back for reconsideration.
Dishonesty not required for debarment on integrity grounds
The Tribunal found that a serious breach of the duty to protect confidential client information can establish unfitness even where no misuse or harm is proved.
When one dishonest act is enough for debarment
The Tribunal weighed the representative’s clean record and lack of personal gain against her deliberate falsification of a client’s investment instruction.
Tribunal draws line between discipline and debarment
An FSP cannot treat debarment as an automatic consequence of a disciplinary finding, the Tribunal says, setting aside a process riddled with procedural failures.
Tribunal sets aside Sanlam debarment over client cash deposits
The adviser breached Sanlam’s internal cash-handling rule, but the conduct did not establish a lack of honesty and integrity.
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.
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.
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.
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.
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.
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.
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.
