In October 2025, the Labour court concluded that the broker that serviced high profile wealth clients had reasonable reasons for dismissal of a wealth manager and that the employee’s explanation for her misconduct was unacceptable. The court explained that the arbitrator should have considered what was reasonable and fair for an employer in the applicant’s
Finance
FSCA’s 2025 Crypto Information Request: What South African CASPs Need to Know
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…
Prescribed rate of interest is 10.5% from 1 October 2025
The prescribed rate of interest is 10.5% per annum with effect from 1 October 2025. The previous rate was 10.75% per annum.
According to the Prescribed Rate of Interest Act, interest on debts where no rate is prescribed is calculated at the repo rate plus 3.5%. The prescribed rate of interest applies to all debts…
Regulatory Milestone: NERSA Approves NTCSA’s Congestion Curtailment Framework as an Ancillary Service
On 29 April 2025, the National Energy Regulator of South Africa (NERSA) granted approval to the National Transmission Company South Africa (NTCSA) to classify congestion curtailment as a constrained generation ancillary service. NERSA indicated that its decision “represents a significant step toward unlocking grid connection capacity and enhancing energy availability in areas with high…
FSCA Regulatory Strategy 2025–2028: Key Takeaways
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…
Force majeure events and supervening impossibility
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…
Switching from JIBAR to ZARONIA – Where are we now?
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…
COVID-19 and Finance Documents: Could the Material Adverse Effect clause be triggered?
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…