
Unpaid investment advice still counts: Tribunal upholds five-year debarment
An unpaid role in an investment club has resulted in a five-year debarment after the Tribunal found that the arrangement fell outside the stokvel exemption.

An unpaid role in an investment club has resulted in a five-year debarment after the Tribunal found that the arrangement fell outside the stokvel exemption.

A financial services representative’s unpaid debts and alleged fuel-card misuse were not enough to justify debarment.

The Tribunal found that repayment could not undo the misconduct of borrowing from a client and failing to disclose the arrangement.

Section 13A complaints accounted for more than 61% of cases investigated and closed in 2025/26, while the OPFA’s carry-over of unresolved matters increased.

Ingxelo yeMisebenzi yoLawulo ibonisa indlela iGunya elidibanisa ngayo izohlwayo, ukurhoxiswa kweelayisenisi, kunye nokukhutshwa kwempahla ukuze kulungiswe ukuziphatha okubi kakhulu

Le nkqubo yazisa ukufikelela okulinganiselweyo kwinxalenye yemali eyongiweyo, kodwa ayizange itshintshe izithintelo ekudala zikhona zokutsalwa kwemali ezisebenza kwii-akhawunti zomhlalaphantsi (ii-RA).

The Tribunal questioned Clientèle’s ‘free’ voucher advertising and sales script, while the insurer says its Royalty benefit is provided at no additional cost.

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.

The FSCA improperly allowed cost-recovery considerations to influence the sanction and did not assess the applicant’s financial benefit separately from his client’s.

The company should have acted in June 2023 when it suspected that confidential information about a R100-million acquisition had been compromised.

The Tribunal found that proceedings had not commenced before the six-month deadline, preventing it from sending the matter back for reconsideration.

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.

The Tribunal weighed the representative’s clean record and lack of personal gain against her deliberate falsification of a client’s investment instruction.

Moonstone’s updated calculator enables FSPs to estimate their Schedule 2, Ombud Council, Tribunal, and FAIS Ombud levy components.

An FSP cannot treat debarment as an automatic consequence of a disciplinary finding, the Tribunal says, setting aside a process riddled with procedural failures.

The adviser breached Sanlam’s internal cash-handling rule, but the conduct did not establish a lack of honesty and integrity.

The Tribunal found that evidence of tax non-residence must be assessed against the legislation, with clear reasons given when it is considered insufficient.