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27 April 2024 Financial Service Intelligence Watch

Legislative Changes and Developments


Pension Funds Amendment Bill: Adoption

The Select Committee on Finance considered and adopted the Pension Funds Amendment (PFA) Bill and the accompanying Committee Report.

The objective of the Bill is to amend the Pension Funds Act (PFA) of 1956, the Post and Telecommunications Related Matters Act (PTRMA) of 1958, the Transnet Pension Fund Act (TPFA) of ...

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Commentary on Legislative Changes and Development


Environmental, Social & Governance


Exploring ESG risks in financial services: Insights from UK industry experts

In the May 2024 issue of Financier Worldwide Magazine, the topic of environmental, social, and governance (ESG) risks in financial services was extensively discussed with experts Anthea Bowater from Freshfields Bruckhaus Deringer and Myron Mallia-Dare at Miller Thomson LLP. Their insights shed light on the current state of ESG priorities ...

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FCA introduces anti-greenwashing measures and guidance ahead of new rule

Ahead of the new anti-greenwashing rule taking effect on 31 May, the UK's Financial Conduct Authority (FCA) has issued guidance to support the industry in meeting these standards. This initiative aims to protect consumers by ensuring that sustainable products and services are accurately represented.

The latest Financial Lives survey ...

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World Bank guides SA on climate risk strategy

The World Bank is advising National Treasury on a climate risk strategy after floods in recent years caused billions of dollars of damage. SA may take out climate insurance or establish a contingency fund to deal with major adverse weather events, a source told Moneyweb. Municipalities could also be incentivised ...

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Anti-Money Laundering


Nedbank closes 190 accounts suspected of financial irregularities

Legalbrief Today

Nedbank has revealed it has closed more than 190 suspect client accounts in 2023 due to reputational concerns. The bank revealed this in its 2023 integrated report, which was published on Thursday, according to Fin24. The report also showed Nedbank lost R50m even after insurance recoveries due to internal ...

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Relevant Rulings


R Ramdas v Discovery Connect Distribution Services (debarment set aside)

Financial Services Tribunal ('FST' or 'Tribunal') 

The following matter was handed down by the Tribunal on 22 April 2024:

  • Reshika Ramdas (Applicant) and Discovery Connect Distribution Services (Respondent) – (case number: FSP54/2023)

Fast facts

Reconsideration application under section 230 of the Financial Sector Regulation Act 9 of 2017 ...

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FSCA and Dirk Bernd Schreiber (false, misleading and deceptive financial statements)

Financial Sector Conduct Authority (FSCA)

The following matter was handed down by the Financial Sector Conduct Authority on 19 March 2024:

  • Financial Sector Conduct Authority and Dirk Bernd Schreiber – Investigation number: 369a

Fast facts

Administrative penalty – Schreiber indirectly made and published false, misleading and deceptive financial statements regarding ...

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News from the Regulators


Banxso probe launched after deepfake ads

Following its press release regarding Immediate Matrix on 19 December 2023 (link to press release), the Financial Sector Conduct Authority (FSCA) has informed the public that it is currently investigating potential breaches of financial laws by Banxso (Pty) Ltd (Banxso). Banxso is recognised as a Category I financial services provider ...

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Old Mutual obtains banking licence: OM Bank set to launch

The Prudential Authority has granted Old Mutual initial approval to launch a bank, subject to certain conditions. A Fin24 report says Old Mutual plans to call its new lender OM Bank, which completed its infrastructure and digital platform build at the end of last year. ‘We are extremely pleased to ...

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Enforcement News


Local News


Tax fraud syndicate leader sentenced to 65 years by Gauteng High Court

The Gauteng High Court in Johannesburg has handed down a severe sentence to the leader of a tax fraud syndicate that conned the South African Revenue Service (SARS) out of nearly R100 million, reports News24. The mastermind, Jeremiah Dube, 65, received an effective 65-year prison term. The syndicate falsely claimed ...

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International News


Compliance Focus


Working Smart


Niche markets in financial planning

By Lee Rossini

Identifying and focussing on certain niche markets offers opportunities for financial advisers willing to delve deeper into specialised segments. But what are niche markets, and what role can they play in a financial advice business? At its core, a niche market refers to a subset of a ...

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General


Regulator calls for transparency over account closures

Legalbrief Today

Financial Sector Conduct Authority (FSCA) Commissioner Unathi Kamlana has urged banks to reflect on whether the prevailing common law position relating to closure of customers’ accounts is fair to clients. Business Day reports that Kamlana told the Banking Association SA’s Banking on Ethics Conference that because the ...

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Crypto Assets


FSCA clarifies status of licensed Crypto Asset Service Providers

The Financial Sector Conduct Authority (FSCA) has issued a clarification concerning the licensing of crypto asset service providers (CASPs) under the Financial Advisory and Intermediary Services (FAIS) Act, No. 37 of 2002. This comes in response to various media statements by certain institutions claiming to be the first or only ...

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Alert on 'Coin Max' crypto scam claiming association with Bybit FTZE

The Financial Sector Conduct Authority (FSCA) has issued a warning to the public regarding a group of individuals operating under the name 'Coin Max', who falsely claim to be linked with Bybit FTZE. The FSCA has become aware that these individuals are promising unrealistic returns on investments in crypto assets ...

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Data Protection


Namibia


NAMFISA to launch regulatory Sandbox at second edition of FinTech Square

The Namibian Financial Institutions Supervisory Authority (NAMFISA) has announced the second edition of the FinTech Square, set to take place on 10 and 11 May 2023 in Windhoek, Namibia. This event, recognised as NAMFISA's innovation hub, is aimed at gathering both local and international experts alongside innovators to delve ...

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Private Equity


Working Smart

By Lee Rossini

Identifying and focussing on certain niche markets offers opportunities for financial advisers willing to delve deeper into specialised segments. But what are niche markets, and what role can they play in a financial advice business? At its core, a niche market refers to a subset of a larger market with its own distinct needs, preferences, and demands. These markets are often characterised by their specificity, catering to a particular demographic, industry, or interest group. While mainstream markets target broader audiences, niche markets focus on serving a more specialised clientele.

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