Tag archives: Procedural fairness

Lawful, reasonable and procedurally fair FAIS debarment process

By Desiree Reddy (ZA) on December 9, 2020 Posted in General

Anyone embarking on a FAIS process to debar a financial service provider or representative would do well to read a recent Financial Services Tribunal decision setting out what constitutes a lawful, reasonable and procedurally fair process. The matter is Mothei v Advicecube (FSP35/20). The decision sets out the statutory and regulatory basis for debarment proceeding … Continue reading

Procedural fairness in investigations

By Busisiwe Nhlapo on August 17, 2020 Posted in General

Life may not be fair but investigations should be. Our courts have on many occasions expressed the importance of the principle which requires that people should be afforded a chance to participate in a decision that will affect them and more importantly given an opportunity to influence the result of the decision (the audi alteram … Continue reading