An Overview of the Roles and Functions of Selected Financial Role Players to Protect Financial Stability and Promote Market Integrity in South Africa
DOI:
https://doi.org/10.17159/1727-3781/2024/v27i0a17255Keywords:
financial stability, market integrity, roles and functions, FSR ActAbstract
The South African Reserve Bank (SARB) and other financial role players such as the Prudential Authority (PA), the Financial Sector Conduct Authority (FSCA), the National Credit Regulator (NCR), the Financial Intelligence Centre (FIC), the Financial Stability Oversight Committee (FSOC), the Financial Sector Contingency Forum (FSCF), the Financial Sector Council of Regulators (FSCR) and the Financial Sector Inter-Ministerial Council (FSIC) play a significant role in the protection and promotion of financial stability and market integrity in South Africa. The SARB has the primary financial stability mandate, whilst the FSCA was established to primarily promote market integrity and enhance market efficiency through protecting and promoting the fair treatment of financial customers and promoting financial literacy programs. As technology advances and new players enter the market, traditional financial institutions are faced with increased competition and the need to adapt and innovate to stay relevant. In this regard, regulatory frameworks and the functions of regulatory bodies should be constantly reviewed to conform to financial technology (fintech) developments and safeguard consumer interests. This article examines the roles and functions of the aforementioned financial role players as regulated by the Financial Sector Regulation Act (FSR Act) and other relevant financial sector laws. This is done to evaluate the effectiveness of their roles and functions to protect and promote financial stability and market integrity in line with fintech and Artificial Intelligence (AI) developments. The paper also evaluates the importance of cooperation and collaboration between the financial role players to fulfil their roles and functions.
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Bibliography
Literature
Allen HJ "What is Financial Stability? The Need for Some Common Language in International Financial Regulation" 2014 Geo J Int'l L 929-952
Austin J "What Exactly is Market Integrity? An Analysis of One of the Core Objectives of Securities Regulation" 2017 Wm & Mary Bus L Rev 215-240
Bordo MD and Schwartz AJ "Under what Circumstances, Past and Present, have International Rescues of Countries in Financial Distress been Successful?" 1999 JIMF 683-708
Botha E and Makina D "Financial Regulation and Supervision: Theory and Practice in South Africa" 2011 IBERJ 27-36
Burchell J "Organised Crime and Proceeds of Crime Law in South Africa, Albert Kruger: Book Review" 2010 SAJCJ 177-181
Chitimira H "An Exploration of the Current Regulatory Aspects of Money Laundering in South Africa" 2021 JMLC 789-805
Chitimira H "Overview of Selected Role-Players in the Detection and Enforcement of Market Abuse Cases and Appeals in South Africa" 2014 Speculum Juris 108-124
Chitimira H Market Abuse Regulation in SADC: South Africa, Namibia, Botswana and Zimbabwe (Juta Cape Town 2022)
Chitimira H "The Gaps and Flaws in the Current South African Anti-Market Abuse Enforcement Framework in Relation to Selected Aspects of the Financial Markets" 2014 Mediterranean Journal of Social Sciences 236-253
Chitimira H "Overview Analysis of the Anti-Insider Trading Enforcement Measures in Namibia and South Africa" 2019 IJEBL 103-117
Chitimira H "Historical Aspects of the Statutory Regulation of Financial Inclusion for the Poor and Low-Income Earners in South Africa" 2020 Acta Universitatis Danubius 269-284
Chitimira H and Lawack VA "Overview of the Role Players in the Investigation, Prevention and Enforcement of Market Abuse Provisions in South Africa" 2013 Obiter 200-217
Chitimira H and Lawack VA "An Analysis of the General Enforcement Approaches to Combat Market Abuse (Part 1)" 2012 Obiter 548-565
Chitimira H and Magau P "A Legal Conspectus of Some Role-Players in the Development of Financial Education in South Africa" 2022 EIRP Proceedings 360-375
Chitimira H and Munedzi S "Selected Challenges Associated with the Reliance on Customer Due Diligence Measures to Curb Money Laundering in South African Banks and Related Financial Institutions" 2021 Journal of Comparative Law in Africa 42-66
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 7-20
Choo K "Challenges in Dealing with Politically Exposed Persons" 2010 Trends and Issues in Crime and Criminal Justice 1-6
Choo K "Politically Exposed Persons (PEPs): Risks and Mitigation" 2008 JMLC 371-387
De Jager "The South African Reserve Bank: Blowing the Winds of Change (Part 2)" 2013 SA Merc LJ 492-512
De Koker L "Money Laundering Trends in South Africa" 2003 JMLC 27-41
Fodor B "Measuring Market Integrity: A Proposed Canadian Approach" 2008 JFC 261-268
Godwin A "Australia's Trek towards Twin Peaks: Comparisons with South Africa" 2017 LFMR 183-193
Godwin A "Introduction to Special Issue – The Twin Peaks Model of Financial Regulation and Reform in South Africa" 2017 LFMR 151-153
Godwin A and Ramsay I "Twin Peaks – The Legal and Regulatory Anatomy of Australia’s System of Financial Regulation" 2015 CIFR Paper 103-131
Godwin A, Howse T and Ramsay I "Twin Peaks: South Africa's Financial Sector Regulatory Framework" 2017 SALJ 665-702
Godwin A, Kourabas S and Ramsay I "Twin Peaks and Financial Regulation: The Challenges of Increasing Regulatory Overlap and Expanding Responsibilities" 2016 Int'l Law 273-298
Godwin A, Li G and Ramsay I "Is Australia's Twin Peaks System of Financial Regulation a Model for China? (Part 1)" 2016 HKLJ 621-645
Godwin A, Li G and Ramsay I "Is Australia's Twin Peaks System of Financial Regulation a Model for China? (Part 2)" 2016 HKLJ 935-960
Godwin AJ and Schmulow AD "The Financial Sector Regulation Bill in South Africa, Second Draft: Lessons from Australia" 2015 SALJ 756-768
Goodspeed I "Twin Peaks" SA Financial Regulation Journal 14-21
Govender S "A Fintech Take on the Conduct of the Financial Institutions Bill" 2019 Without Prejudice 6-15
Jensen A and Kingston M "The Australian Twin Peaks' Framework of Financial System Regulation: Australia and UK Compared" 2010 JIBFL 548-571
Jooste RD "Insider Dealing in South Africa - The Criminal Aspects" 1990 De Ratione 21-28
Jooste R "The Regulation of Insider Trading in South Africa: Another Attempt" 2006 SALJ 284-301
Keenan PJ "A New Chapter to Meet the Growing Need to Regulate Cross-Border Insolvencies" 2006 Norton Journal of Bankruptcy Law and Practice 128-142
Kourabas S "Trends and Theory in Financial Regulation and Regulatory Design after the Global Financial Crisis" in Arner D et al (eds) Research Handbook on Asian Financial Law (Edward Elgar Cheltenham 2020) 30-48
Kourabas S "Improving Australia’s Regulatory Framework for Systemic Financial Stability" 2018 JBFLP 183-205
Llewellyn DT "Institutional Structure of Financial Regulation and Supervision: The Basic Issues" in World Bank Seminar Aligning Supervisory Structures with Country Needs Seminar (6-7 June 2006 Washington DC)
Luiz SM "Market Abuse and the Enforcement Committee" 2011 SA Merc LJ 151-172
Manguzvane M and Muteba Mwamba JW "Modelling Systemic Risk in the South African Banking Sector Using CoVaR" 2019 International Review of Applied Economics 624-641
Marcacci A "IOSCO: The World Standard Setter for Globalized Financial Markets" 2012 Richmond Journal of Global Law and Business 23-44
Menz M "Show Me the Money-Managing Politically Exposed Persons (PEPs) risk in UK Financial Services" 2020 Journal of Financial Crime 968-980
Osode PC "Insider Trading Regulation in South Africa: A Public Choice Perspective" 1999 AJICL 688-710
Osode P "Two Heads are Better than One: Assessing South Africa's 'Twin Peaks' Financial Regulation Model" 2021 IJEBL 9-29
Qumba MF "A Comparative Analysis of the Twin Peaks Model of Financial Regulation in South Africa and the United Kingdom" 2022 SALJ 78-113
Schlenther B "The Taxing Business of Money Laundering: South Africa" 2013 JMLC 126-141
Schmulow A "Financial Regulatory Governance in South Africa: The Move towards Twin Peaks" 2017 AJICL 393-417
Schmulow A "Retail Market Conduct Reforms in South Africa under Twin Peaks" 2017 LFMR 163-173
Schmulow AD "Twin Peaks: A Theoretical Analysis" 2015 CIFR Paper Series 8-22
Schmulow A, Fairweather K and Tarrant J "Twin Peaks 2.0: Reforming Australia's Financial Regulatory Regime in Light of Failings Exposed by the Banking Royal Commission" 2018 Law and Financial Markets Review 193-202
Schulze W "Financial Institutions" 2017 Annual Survey of South African Law 494-554
Schwarcz SL "Systemic Risk" 2008 Georgetown Law Journal 193-249
Schwartz RA, Byrne JA and Stempel E Market Integrity: Do our Equity Markets Pass the Test? (Springer Cham 2019)
Sharrock R The Law of Banking and Payment in South Africa (Juta Cape Town 2016)
Simpson B "The Hidden Teeth of the National Credit Act: Financial Law" 2013 Without Prejudice 8-9
Sithole A "Regulatory Strategy of the Financial Sector Conduct Authority: October 2018 to September 2021" 2018 Financial Sector Conduct Authority 1-75
Susskind D and Vines D "The Economics of the COVID-19 Pandemic: An Assessment" 2020 Oxford Review of Economic Policy Journal 1-13
Taylor MV "The Road from "Twin Peaks" – And the Way Back" 2009 Connecticut Insurance Law Journal 61-75
Van Heerden C "Section 85 of the National Credit Act 34 of 2005: Thoughts on its Scope and Nature" 2013 De Jure 968-997
Van Heerden C and Coetzee H "Perspectives on the Termination of Debt Review in Terms of Section 86(10) of the National Credit Act 34 of 2005" 2011 De Jure 36-65
Van Heerden CM and Van Niekerk GM "Twin Peaks: The Role of the South African Central Bank in Promoting and Maintaining Financial Stability" 2017 THRHR 636-656
Van Heerden CM and Van Niekerk GM "Twin Peaks in South Africa: A New Role for the Central Bank" 2018 LFMR 154-162
Van Heerden CM, Van Niekerk GM and Huls NJH "Two Takes on Twin Peaks: A Comparative Appraisal of the Models of Financial Regulation in the Netherlands and South Africa" 2020 THRHR 491-510
Van Niekerk G and Van Heerden C "The Importance of a Legislative Framework for Cooperation and Collaboration in the Twin Peaks Model of Financial Regulation" 2020 SALJ 108-144
Van Wyk JS "A Comparative Analysis of the 'Regulatory Independence' of the Financial Sector Conduct Authority and the National Credit Regulator" 2019 THRHR 392-405
Vessio ML "What Does the National Credit Regulator Regulate?" 2008 SA Merc LJ 227-242
Visagie-Swart L and Lawack V "An Overview of the First Draft of the Conduct of Financial Institutions Bill and the Potential Impact on the National Payment System in South Africa" 2020 SA Merc LJ 129-155
Legislation
Constitution of the Republic of South Africa, 1996
Financial Intelligence Centre Act 38 of 2001
Financial Sector Regulation Act 9 of 2017
National Credit Act 34 of 2005
Reserve Bank Act 90 of 1989
Internet sources
Basel Committee on Banking Supervision 2012 Core Principles for Effective Banking Supervision https://www.bis.org/publ/bcbs230.pdf accessed 26 March 2024
Financial Intelligence Centre, South African Reserve Bank and Prudential Authority 2018 Memorandum of Understanding between the FIC and the SARB and the PA https://www.fic.gov.za/Documents/MOU%20-%20SARB%20%20FIC%20(Combined).pdf accessed 23 June 2021
Financial Sector Conduct Authority and National Credit Regulator 2018 Memorandum of Understanding between FSCA and NCR https://www.fsca.co.za/Regulatory%20Liaison/MoU_%20FSCA%20and%20NCR.pdf accessed 25 June 2022
Hollander H and Van Lill D 2019 A Review of the South African Reserve Bank's Financial Stability Policies https://ideas.repec.org/p/sza/wpaper/
wpapers325.html accessed 26 March 2024
International Organisation of Securities Commissions 2002 Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange of Information https://www.iosco.org/library/pubdocs/pdf/
IOSCO Board 2019 https://www.bis.org/cpmi/publ/d189.pdf
International Organisation of Securities Commissions Board 2019 Responsibility E: A Compilation of Authorities' Experience with Cooperation https://www.bis.org/cpmi/publ/d189.pdf accessed 14 July 2022
Malaysia Securities Commission 2015 List of IOSCO Multilateral MOU Signatories https://www.sc.com.my/development/international/cross-border-co-operation/list-of-iosco-multilateral-mou-signatories accessed 13 February 2022
National Treasury 2011 A Safer Financial Sector to Serve South Africa Better https://www.treasury.gov.za/twinpeaks/20131211%20-%20item%
202%20a%20safer%20financial%20sector%20to%20serve%20south%20africa%20better.pdf accessed 8 July 2021
PA date unknown https://www.resbank.co.za/content/dam/sarb/what-we-do/prudential-regulation/PA%20Regulatory%20and%20Supervisory%
20Strategy%202021.pdf
Prudential Authority date unknown Prudential Authority Regulatory Strategy 2021-2024 https://www.resbank.co.za/content/dam/sarb/what-we-do/
prudential-regulation/PA%20Regulatory%20and%20Supervisory%
20Strategy%202021.pdf accessed 21 June 2022
South African Reserve Bank 2016 A New Macroprudential Policy Framework for South Africa https://www.resbank.co.za/content/
dam/sarb/what-we-do/financial-stability/A%20new%20macroprudential
%20policy%20framework%20for%20South%20Africa.pdf accessed 15 July 2021
South African Reserve Bank and Financial Sector Conduct Authority 2022 Memorandum of Understanding between the SARB and the FSCA https://www.fsca.co.za/Regulatory%20Liaison/MOU_FSCA%20and%20SARB.pdf accessed 21 June 2021
South African Reserve Bank, Prudential Authority and National Credit Regulator 2018 Memorandum of Understanding between the SARB, the PA and the NCR https://www.resbank.co.za/content/dam/sarb/publications/
prudentialauthoritypa-financial/sector-regulation-act/2018/8803/PA-SARB-NCR-Memorandum-of-Understanding.pdf accessed 26 June 2021
Schinasi GJ 2004 Defining Financial Stability. IMF Working Paper WP/04/187 https://www.imf.org/external/pubs/ft/wp/2004/wp04187.pdf accessed 26 March 2024
Viljoen A, Lallo V and Bunge S "Financial Sector Regulation Act: Implementing Twin Peaks and the Impact on the Industry" https://www.ey.com/Publication/vwLUAssets/ey-financial-sector-regulation-act-twinpeaks/%24FILE/ey-financial-sector-regulation-act-implementing-twin-peaks-and-the-impact-on-the-industry.pdf accessed on 02 April 2024.
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