This blog is co-authored by Anathi Xaba, a candidate attorney.
The FSCA publishes a regulatory strategy to outline its objectives, priorities, and intended outcomes for the next three years. This strategy provides guidance on how the FSCA intends to fulfil its regulatory and supervisory functions under the Financial Sector Regulation Act, 2017 (FSR Act), ensuring
In February 2025 the High Court reaffirmed the rights of lenders in South Africa’s banking and finance landscape. The judgment is significant for financial institutions as it reinforces the enforceability of lending contracts and the limits of debtor defences during economic disruptions such as COVID-19.
In this matter the Bank concluded a written overdraft facility
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
How does the COVID-19 pandemic affect borrowers and lenders and their financing arrangements?
A Material Adverse Effect (MAE) clause is included in most finance agreements. It is a catch-all concept to capture unpredictable and unforeseen events or circumstances that would otherwise be difficult to incorporate into the agreement specifically.
Broadly, a MAE clause covers a