
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.

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

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

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

Ministerial Directives issued in July 2021 applied only to specified businesses under the Businesses Act, not to FAIS-regulated FSPs.

The FST erred because it focused on contractual obligations rather than the broader fit and proper requirements.

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The Tribunal confirms Assupol’s decision to debar a representative after forensic evidence showed he advised on life policies while unauthorised.

The evidence accumulated by Momentum supported its finding that the agent lacked honesty and integrity.

The Tribunal said allegations of not following sales scripts may breach internal policy but do not in themselves demonstrate dishonesty or a lack of integrity.

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The Tribunal agrees with the FSCA that the entity’s key individual did not ‘come clean’ about her past misconduct.

Section 14(1)(b) of the FAIS Act cannot be stretched to catch misconduct discovered after a representative’s tenure.

The FSCA has provisionally withdrawn Nessfin’s licence amid concerns over its ties to unauthorised entity MyWealth Legatus and potential breaches of financial sector laws.

Unlike FSCA-imposed bans with fixed terms, debarments driven by an FSP stay in force until another FSP is convinced a rep is Fit and Proper.

The material change from a co-policyholder to a sole policyholder should have alerted the FSP of the need to review the policy.

The High Court rules on a former employee’s contention that the FSP’s notice of intention to debar was a breach of their settlement agreement.

MBSE will unveil its updated courses for the new CPD cycle on 1 June, giving a head start for those eager to avoid the last-minute rush.