Banking & Finance

A pension fund has no locus standi to review an Adjudicator’s determination in respect of death benefit distribution where its legal rights have not been infringed

By Ntokozo Ngubane on November 11, 2025

The Pretoria High Court held that a pension fund and its administrator lacked standing to seek the Financial Services Tribunal (FST) to reconsider a determination handed down by the Pension Fund’s Adjudicator’s (Adjudicator) , given that they do not fall within the ambit of “persons aggrieved by a decision” under section 230 of the Financial…

Is South Africa ready for a forward-looking ZARONIA term rate?

By Steve Chemaly on October 28, 2025

This blog is co-authored by Eric Geldenhuys, candidate attorney.

SARB’s Market Practitioners Group (MPG) has issued a request for proposals (RFP) to design the calculation and methodology for a forward-looking ZARONIA term rate. There is no commitment to launch. Publication will depend on a robust methodology and sufficient liquidity in ZAR derivatives markets. The MPG…

FSCA’s 2025 Crypto Information Request: What South African CASPs Need to Know

By Desiree Reddy (ZA) on October 8, 2025

If you offer crypto-related financial services in South Africa, the Financial Sector Conduct Authority (FSCA) has issued a request to which you are required to respond. The FSCA has issued a new information request to better understand the current crypto market, improve oversight, and protect consumers.

What is this request about?

In October…

Enforcement of special notarial bonds

By Izak Lessing, Camille Kafula & Adrienne Hendricks on October 3, 2025

The trust lent and advanced a R20 million loan to the company under a written loan agreement. To secure the loan, a special notarial bond (SNB) was registered over the company’s vehicles, machinery and equipment. The company fell in arrears with its loan repayments and remained in breach of the loan agreement. The trust sought…

Resolutions are not enough: court rejects loan claim against deceased’s estate

By Izak Lessing, Camille Kafula & Adrienne Hendricks on September 18, 2025

The liquidators of a company failed in a claim for a sum of money and interest thereon against the executor of the deceased’s estate arising from an alleged loan by the company to the deceased (who was a former director of the company) because there was no proof that the deceased agreed to be bound…

Misunderstanding no defence: guarantor bound by terms of guarantee

By Izak Lessing, Camille Kafula & Adrienne Hendricks on September 18, 2025

The bank brought a claim against the respondent based on a guarantee signed by him wherein he irrevocably and unconditionally guaranteed to pay any amount owing by the close corporation (the debtor) as if he was the principal debtor.

The respondent disputed the sum claimed by the bank in the certificate of balance alleging that…

Financial Institutions Legal Snapshot