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.
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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.
Tribunal halves former trader’s market-manipulation penalty
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.
Tribunal upholds JSE censure of Mantengu over delayed cautionary
The company should have acted in June 2023 when it suspected that confidential information about a R100-million acquisition had been compromised.
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.
Document checklist falls short in retirement fund withdrawal dispute
The Tribunal found that evidence of tax non-residence must be assessed against the legislation, with clear reasons given when it is considered insufficient.
No investor harm does not mean no compliance breach
The Tribunal finds that commercial circumstances did not justify implementing a major transaction before shareholder approval.
Adjudicator rebuked for applying ‘manifestly unreasonable’ standard to dependency evidence
The Tribunal says the Adjudicator shifted the evidentiary goalpost over three determinations and passively accepted uncorroborated allegations.
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.
