This blog was co-authored by Adrienne Hendricks, candidate attorney at Norton Rose Fulbright South Africa
In August 2024, the High Court held that a bank was entitled to enforce the suretyship and mortgage bond granted in its favour, for purposes of an enrichment claim which arose in connection with a void and unenforceable loan agreement.
This blog was co-authored by Eric Geldenhuys, candidate attorney at Norton Rose Fulbright South Africa
The Credit Adjustment Spread (CAS) is a term which is used to calculate and to factor in the difference between JIBAR and ZARONIA. The CAS calculation is a structured as separate component of the interest rate calculation. The CAS is
This blog was co-authored by Eric Geldenhuys, candidate attorney at Norton Rose Fulbright South Africa
The Daily Cumulative Compounded Rate (CCR) means the interest rate that is calculated at the end of the interest period. This single interest rate is applied for the whole interest period. The daily fluctuations are reduced over the calculation period
This blog was co-authored by Eric Geldenhuys, candidate attorney at Norton Rose Fulbright South Africa
The Observation Period refers to the period for which the Interest Period which has been moved or shifted back in whole by 5 Business Days. We can observe the published daily ZARONIA rate which applies to any current Business Day
This blog was co-authored by Eric Geldenhuys, candidate attorney at Norton Rose Fulbright South Africa
The proposed 2026 rate switch in South Africa from JIBAR to ZARONIA will have an impact on all cash transactions which previously applied JIBAR, as well as all JIBAR-linked transactions. ZARONIA is a daily risk free rate, unlike JIBAR which
This blog was co-authored by Eric Geldenhuys, candidate attorney at Norton Rose Fulbright South Africa
Markets globally have transitioned from USD LIBOR to the Secured Overnight Financing Rate (SOFR) and from British Pound Sterling LIBOR to the Sterling Overnight Index Average (SONIA). Following the global markets, South Africa is transitioning from JIBAR to the South
This blog was co-authored by Atish Dullabh, candidate attorney at Norton Rose Fulbright South Africa.
In June 2023, the Western Cape High Court ruled that a guarantor does not have an automatic right of recourse against a principal debtor to recover payment made to a beneficiary in terms of a guarantee. The ruling in this
The Constitutional Court has provided much needed certainty to the retirement fund industry following the surprising April 2022 judgment of the Supreme Court of Appeal in Municipal Employees Pension Fund & Another v Pandelani Midas Mudau and Another.
On 02 August 2023, the Constitutional Court overturned the SCA judgment. The facts of the matter
The number of “money mule” scams i.e. where criminals approach bank customers with requests to have funds (often the proceeds of crime) paid into their accounts and often offer them a reward for the use of the account, is unfortunately on the rise. In a press release dated 10 July 2023, the FSCA has warned
The exemption of Banks in respect of financially sophisticated and high-wealth corporate clients, referred to as the Merchant Banking Exemption (BN 103 of 2004), was extended by FAIS Notice 35 of 2023 until 30 June 2025.
The clients covered under the Exemption include other banks, central banks, insurers (life and non-life insurers), asset managers who