Nhlanhla Lucky Notha

Can shareholders, directors, or key persons step into the ring when the regulator strikes at a company — or has the Tribunal finally closed that door? A recent decision of the Financial Services Tribunal raises a pointed question for regulated entities and individuals alike: who, in law, is entitled to approach the Tribunal to challenge […]

A recent decision of the Financial Services Tribunal underscores a crucial distinction in pension law — the jurisdictional boundary between approved and unapproved benefits. The ruling confirms that the Pension Funds Adjudicator (PFA) has no authority to investigate complaints arising from employer-held, unapproved disability policies, even when such benefits are linked to a registered fund. […]

A recent decision of the Financial Services Tribunal underscores the fundamental importance of the “fit and proper” requirements in the financial services sector, particularly the qualities of honesty and integrity. The ruling confirms that these standards are not aspirational ideals but binding regulatory thresholds. Where a representative’s conduct falls short, debarment is both warranted and […]

A recent High Court judgment highlights the critical importance of strict compliance with binder agreements and licensing conditions in the insurance sector. The court confirmed that where an underwriting manager exceeds its mandate or disregards regulatory limits, an insurer is entitled to enforce its contractual rights — including urgent access to underwriting data. Background Underwriting […]

The recent decision in Gideon Pieter van Zyl v Kobie Spangenberg en Genote (Pty) Ltd by the Financial Services Tribunal (“the Tribunal”) highlights the critical importance of compliance with the procedural safeguards under section 14 of the Financial Advisory and Intermediary Services Act 37 of 2002 (“FAIS Act”) when effecting a debarment. The case underscores […]