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Home / Posts tagged “#FinancialServicesTribunal” / Page 2

#FinancialServicesTribunal

Videos

Timur Turlov on chess, investing, and why South Africa matters

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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 draws line between enforcement powers and personal redress

The decision highlights the distinction between punishing misconduct and compensating consumers who claim to have suffered losses.

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Treasury proposes higher levies for 2026/27

Most FSCA levies will rise by 3.2%, but retirement funds face a 15% increase in the OPFA levy, and charges are introduced for some entities.

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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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Bogdanov to challenge ruling upholding JSE sanctions

The FST dismisses former EOH director Anushka Bogdanov’s application for reconsideration of sanctions imposed over misrepresented qualifications.

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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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Two-pot withdrawal allowed: fund’s arrears rule doesn’t apply to member

The deputy adjudicator finds the ‘freeze’ clause the fund relied on is tied to its DB rules and can’t be used to block a DC member’s savings withdrawal.

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Tribunal: liquidation does not bar arrear contributions complaint

The Adjudicator conflated jurisdiction with enforcement and overlooked the potential personal-liability provisions in the PFA.

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Fund rules prevail over ‘informal understanding’ in contribution dispute

The Tribunal says membership could end only in accordance with the fund’s rules, and WhatsApp exchanges did not amount to a valid withdrawal.

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Tribunal dismisses R824 000 claim over delayed fund credit transfer

The FST rejects the member’s loss calculation based on assumed money market returns, affirming that the fund’s rules limit accrual to bank interest.

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Tribunal upholds PA decision on bank’s ‘simulated’ capital transaction

The FST dismisses African Bank’s application to overturn a directive to reverse a R685m intra-group transaction, finding it lacked commercial substance.

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Tribunal clarifies limits on investor challenges to FSCA in curatorship case

The dismissal of a reconsideration application by CMM investors underscores that only direct legal rights – not indirect financial interests – confer standing under the FSRA.

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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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CDH flags compliance risks in replacement policy advice

The law firm says recent FAIS Ombud and Tribunal decisions highlight disclosure, suitability, and record-keeping failures in replacement policy cases.

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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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New ‘MyWealth Method’ group surfaces as investigations grind on

A Telegram group reviving the MyWealth name is promoting crypto investment opportunities, as the FSCA’s investigations linked to earlier enforcement actions continue.

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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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