A Legal Analysis of the Use of Innovative Technology in the Promotion of Financial Inclusion for Low-Income Earners in South Africa

Authors

DOI:

https://doi.org/10.17159/1727-3781/2021/v24i0a10740

Keywords:

financial inclusion, financial exclusion, low-income earners, innovative technology, challenges

Abstract

The promotion of financial inclusion is important for the combating of financial exclusion in many countries, including South Africa. Nonetheless, most low-income earners living in rural areas and informal settlements are still struggling to gain access to basic financial products and financial services in South Africa. This status quo has been caused by a number of factors such as the absence of an adequate financial inclusion policy, the geographical remoteness of financial institutions to most low-income earners, rigid identity documentary requirements, a lack of access to reliable and affordable Internet connection by low-income earners living in informal settlements and rural areas, a lack of financial illiteracy, the high costs of financial services, unemployment and poverty, over-indebtedness, and cultural and psychological hindrances to low-income earners in South Africa. Consequently, these factors have somewhat limited the access to financial services offered by financial institutions to low-income earners living in rural areas and informal settlements. In many countries, including South Africa, the financial sector is relying on innovative technology, especially in banking institutions, to aid in the offering of financial services to their customers. It is against this background that this article discusses selected legal and related challenges affecting the regulation and use of innovative technology to promote financial inclusion for low-income earners in South Africa. The article further discusses possible measures that could be adopted by the government, financial institutions and other relevant regulatory bodies to promote the use of innovative technology to combat the financial exclusion of low-income earners in South Africa.

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Author Biography

Howard Chitimira, Faculty of Law at the North-West University

Senior Lecturer

North-West University           

References

Bibliography

Literature

Akpinar ND and Koch S Contemporary Educational Researches: Theory and Practice in Education (Books on Demand Norderstedt 2019)

Aldrich C "What is AI and is It Better than Classical Process Control?" 2000 SAJCE 27-49

Arun T and Kamath R "Financial Inclusion: Policies and Practices" 2015 IIM Bangalore Management Review 267-287

Atkinson A and Messy F Promoting Financial Inclusion through Financial Education: OECD/INFE Evidence, Policies and Practice - OECD Working Papers on Finance, Insurance and Private Pensions No 34 (OECD Paris 2013)

Barruetabeña E "Impact of New Technologies on Financial Inclusion" 2020 Economic Bulletin, Banco de España 1-14

Chavda M and Solanki A "Innovative Banking Products: Win-Win Situation for Customers and Banks" 2014 IJCBM 2319-2828

Chibba M "Financial Inclusion, Poverty Reduction and the Millennium Development Goals" 2009 EJDR 213-230

Chitimira H and Magau P "An Analytical Precis of Debt Relief Measures under the Insolvency Act 24 of 1936" 2020 Euro Economica 210-227

Chitimira H and Ncube M "Legislative and Other Selected Challenges Affecting Financial Inclusion for the Poor and Low Income Earners in South Africa" 2020 J Afr L 337-355

Chitimira H and Ncube M "The Role of Regulatory Bodies and Other Role-Players in the Promotion of Financial Inclusion in South Africa" 2020 Acta Universitatis Danubius, Juridica 24-37

Coetzee H "An Opportunity for No Income No Asset (NINA) Debtors to Get Out of Check? An Evaluation of the Proposed Debt Intervention Measure" 2018 THRHR 593-611

De Koker L "Money Laundering Control and Suppression of Financing of Terrorism: Some Thoughts on the Impact of Customer Due Diligence Measures on Financial Exclusion" 2006 Journal of Financial Crime 26-50

De Koker L and J Jentzsch "Financial Inclusion and Financial Integrity: Aligned Incentives?" 2013 World Development 267-280

De Wet S, Botha I and Booyens M "Measuring the Effect of the National Credit Act on Indebtedness in South Africa" 2015 JEF 83-104

Emmons WR "Consumer-Finance Myths and Other Obstacles to Financial Literacy" 2005 St Louis U Pub L Rev 335-362

Godwin A "Introduction to Special Issue – The Twin Peaks Model of Financial Regulation and Reform in South Africa" 2018 LFMR 151-153

Isayeva PG and Velieva MS "Consequences and Prospects of Using Innovative Technologies in Banks" in International Scientific Conference (28-30 April 2013 Salzburg) 147-150

Kadameteme E and Twinomurinzi H "The Ineffectiveness of Technology Adoption Models in the 4IR Era: A Case of SMEs in South Africa" 2019 Open Innovations 252-261

Karlan D, Ratan AL and Zinman J "Savings by and for the Poor: A Research Review and Agenda" 2014 Review of Income and Wealth 36-78

Lawack VA "Mobile Money, Financial Inclusion and Financial Integrity: The South African Case" 2013 Wash J L Tech & Arts 317-346

Leathern R Consideration of the Proposed Debt Intervention Procedure from a Debt Relief Perspective (LLM-dissertation University of Pretoria 2018)

Louis L and Chartier F "Financial Inclusion in South Africa: An Integrated Framework for Financial Inclusion of Vulnerable Communities in South Africa's Regulatory System Reform" 2017 Journal of Comparative Urban Law and Policy 170-196

Lusardi A and Mitchell OS "The Economic Importance of Financial Literacy: Theory and Evidence" 2014 JEL 5-44

Magau PT A Statutory Analysis of Debt Relief Measures for Low-Income Earners in South Africa (LLM-dissertation North-West University 2019)

Mago S and Chitokwindo S "The Impact of Mobile Banking on Financial Inclusion in Zimbabwe: A Case for Masvingo Province" 2014 MJSS 221-230

Mlitwa N and Tshetsha N "Adoption of Cell-Phone Banking among Low-Income Communities in Rural Areas of South Africa" 2012 iBusiness 362-370

Mohammed JI, Mensah L and Gyeke-Dako A "Financial Inclusion and Poverty Reduction in Sub-Saharan Africa" 2017 AFJ 1-22

Mondlana S "Role of Language in Financial Inclusion and Literacy" 2017/2018 Quarter 4 FSB Bulletin 1-16

Nanziri EL "Financial Inclusion and Welfare in South Africa: Is there a Gender Gap?" 2016 Journal of African Development 109-134

Nanziri EL and Leibbrandt M "Measuring and Profiling Financial Literacy in South Africa" 2018 SAJEMS 1-17

Ncube M A Statutory Regulatory Analysis of Financial Inclusion for the Poor and Low-Income Earners in South Africa (LLM-dissertation North-West University 2018)

Ngwenya B, Pelser T and Chivaura T "Perceptions of Post-Multicurrency Regime Financial Inclusion Confidence Challenges in Zimbabwe" 2018 SAJEMS 1-15

Norwegian Data Protection Authority Report on Artificial Intelligence and Privacy (Norwegian Data Protection Authority Oslo 2018)

Organisation for Economic Co-operation and Development Improving Financial Literacy: Analysis of Issues and Policies (OECD Paris 2005)

Oke A and Fernandes FAP "Innovations in Teaching and Learning: Exploring the Perceptions of the Education Sector on the 4th Industrial Revolution (4IR)" 2020 Journal of Open Innovation: Technology, Market and Complexity 1-22

Ozili PK "Optimal Financial Inclusion" 2020 IFR 1-18

Pearson G, Stoop PN and Kelly-Louw M "Balancing Responsibilities- Financial Literacy" 2017 PELJ 1-55

Rootman C and Antoni X "Investigating Financial Literacy to Improve Financial Behaviour among Black Consumers" 2015 JEF 474-494

Schmulow AD "Curbing Reckless and Predatory Lending: A Statutory Analysis of South Africa's National Credit Act" 2016 Competition and Consumer Law Journal 1-24

Sharma M Dynamics of Indian Banking: Views and Vistas (Atlantic Publishers and Distributors New Delhi 2008)

Sharrock R The Law of Banking and Payment in South Africa (Juta Cape Town 2016)

Sibanda S and Sibanda T Financial Education in South Africa: Overview of Key Initiatives and Actors (International Labour Organisation Geneva 2016)

Singh AM "Trends in South African Internet Banking" 2004 Aslib Proceedings 187-196

Ssebagala RA "Relieving Consumer Over-Indebtedness in South Africa: Policy Reviews and Recommendations" 2017 Journal of Financial Counseling and Planning 235-246

Van der Merwe DP et al Information Communication Technology Law 2nd ed (LexisNexis Durban 2016)

Verhoef G "Savings and Survival in a Modern African Economy: Informal Savings Organisations and Poor People in South Africa" 2001 Historia 519-542

Wentzel A "Financial Literacy in South Africa" in Aprea C et al (eds) International Handbook of Financial Literacy (Springer Science+Business Media Singapore 2016) 329-339

Wentzel JP, Diathab KS and Yadavallic VSS "An Investigation into Factors Impacting Financial Exclusion at the Bottom of the Pyramid in South Africa" 2016 Development Southern Africa 203-214

Williams HT "Role of Financial Inclusion in Economic Growth and Poverty Reduction in a Developing Economy" 2017 IJRESS 265-271

Zait A and Bertea PE "Financial Literacy – Conceptual Definition and Proposed Approach for a Measurement Instrument" 2014 Journal of Accounting and Management 37-42

Legislation

Consumer Protection Act 68 of 2008

Financial Intelligence Centre Act 38 of 2001

Financial Sector Regulation Act 9 of 2017

Independent Communications Authority of South Africa Act 13 of 2000

National Credit Act 34 of 2005

National Credit Amendment Act 7 of 2019

Internet sources

Ikdal A 2017 6 Challenges to Financial Inclusion in South Africa https://www.weforum.org/agenda/2017/04/financial-inclusion-south-africa/ accessed 17 June 2021

Kessler K et al 2017 Improving Financial Inclusion in South Africa https://www.bcg.com/en-za/publications/2017/globalization-improving-financial-inclusion-south-africa accessed 17 June 2021

Kgosana C and Afrika M 2018 The Great VBS Bank Heist https://www.businesslive.co.za/bd/companies/financial-services/2018-06-24-the-great-vbs-bank-heist/ accessed 17 June 2021

Masondo S and Van Rensburg D 2018 How VBS was Plundered https://www.news24.com/citypress/business/how-vbs-was-plundered-20181208-4 accessed 17 June 2021

Mishi S, Vacu NP and Chipote P 2021 Impact of Financial Literacy in Optimising Financial Inclusion in Rural South Africa: Case Study of the Eastern Cape Province https://www.econrsa.org/system/files/workshops/

papers/2012/mishi-financial-literacy.pdf accessed 17 June 2021

National Credit Regulator 2019 Credit Bureau Monitor Report Fourth Quarter, December 2019 https://www.ncr.org.za/documents/CBM/

CBM%20Q4%202019.pdf.pdf accessed 6 September 2020

Prinsloo J 2019 Barriers to Achieving Financial Literacy in South Africa https://www.ebnet.co.za/single-post/2019/09/20/Barriers-to-achieving-financial-literacy-in-South-Africa accessed 23 June 2020

Prinsloo J 2019 Opinion: The High Cost of Financial Illiteracy https://www.iol.co.za/personal-finance/opinion-the-high-cost-of-financial-illiteracy-33319438 accessed 26 June 2020

Rouse M and Verhoef G 2017 Mobile Banking in Sub-Saharan Africa: Setting the Way towards Financial Development - Munich Personal Research Papers No 78006 https://mpra.ub.uni-muenchen.de/78006/

/MPRA_paper_78006.pdf accessed 17 June 2021

Staff Writer 2020 Personal Information of South Africans Posted Online after Major Data Breach – Here's what Leaked https://businesstech.co.za/news/technology/431484/personal-information-of-south-africans-posted-on-dark-web-after-major-data-breach-heres-what-leaked/ accessed 5 November 2020

Storchi S 2018 Impact Evaluation of Savings Groups and Stokvels in South Africa: The Economic and Social Value of Group-Based Financial Inclusion http://saveact.org.za/wp-content/uploads/2018/11/FMT_Stokvels-and-SGs-Report_10-October-2018_final.pdf accessed 5 November 2020

Published

30-06-2021

How to Cite

Chitimira, H., & Magau, P. (2021). A Legal Analysis of the Use of Innovative Technology in the Promotion of Financial Inclusion for Low-Income Earners in South Africa. Potchefstroom Electronic Law Journal, 24, 1–27. https://doi.org/10.17159/1727-3781/2021/v24i0a10740

Issue

Section

Special Edition: Corporate and Financial Markets 2021

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