Historical Aspects of the Cooperation and Collaboration Between the South African Reserve Bank and Other Role Players
DOI:
https://doi.org/10.17159/1727-3781/2024/v27i0a18745Keywords:
Cooperation;, collaboration, financial stability, market integrity, CoordinationAbstract
Prior to the enactment of the Financial Sector Regulation Act (FSR Act), the regulation of cooperation and collaboration between the South African Reserve Bank (SARB) and other financial role players was not done for the purpose of protecting financial stability or promoting market integrity. The SARB, the Financial Services Board (FSB) and the Bank Supervision Department (BSD) were required by the Banks Act to harmonise supervisory actions and to share relevant information for operational purposes. The lack of adequate cooperation and collaboration arrangements to promote, protect, enhance and maintain financial stability and market integrity gave rise to regulatory gaps and overlapping functions in the financial sector. The provisions for cooperation and collaboration contained in the Banks Act, the Financial Markets Act and the Financial Services Board Act, and the establishment of the Financial Sector Contingency Forum (FSCF) were not adequate to foster effective cooperation and collaboration between the SARB, the BSD, the FSB and other financial role players.
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BIBLIOGRAPHY
Literature
Angel JJ and McCabe D "Fairness in Financial Markets: The Case of High Frequency Trading" 2001 Journal of Business Ethics 585-595
Austin J "What Exactly is Market Integrity? An Analysis of One of the Core Objectives of Securities Regulation" 2017 William and Mary Business Law Review 215-240
Bordo MD "Monetary Policy Cooperation/Coordination and Global Financial Crises in Historical Perspective" 2021 Open Economies Review 587-611
Botha E and Makina D "Financial Regulation and Supervision: Theory and Practice in South Africa" 2011 International Business and Economics Research Journal 27-36
Bradley B, Padayachee V and Rossouw J "Two of the Most Eventful Years in the History of the South African Reserve Bank: William Henry Clegg and Johannes Postmus and the 1931–1932 Crisis" 2021 Economic History of Developing Regions 194-212
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 25-37
Chitimira H and Ncube M "Overview Legislative Flaws Hampering the Promotion of Financial Inclusion for the Poor and Low-Income Earners in South Africa" 2021 Interdisciplinary Journal of Economics and Business 67-87
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
Cooke P The Future of Financial Regulation: The Financial Regulator (Central Banking Publications London 1999)
Crockett A "The Theory and Practice of Financial Stability" 1996 De Economist 531-568
Davies H and Green D Global Financial Regulation: The Essential Guide (Polity Cambridge 2008)
De Jager J "The South African Reserve Bank: Blowing Winds of Change (Part 1)" 2013 SA Merc LJ 342-361
De Jager J "The South African Reserve Bank: Blowing the Winds of Change (Part 2)" 2013 SA Merc LJ 492-512
Falkena H et al Financial Regulation in South Africa 2nd ed (Johannesburg SA Financial Sector Forum 2001)
Fodor B "Measuring Market Integrity: A Proposed Canadian Approach" 2008 JFC 261-268
Fontechio J "The General Agreement on Trade in Services: Is It the Answer to Creating a Harmonised Global Securities System?" 1994 NC J Int'l L & Com Reg 117-121
Fourie J "Macroeconomic History in South Africa: The South African Reserve Bank Centennial Special Issue" 2021 Economic History of Developing Regions 117-121
Godwin A "Introduction to Special Issue – The Twin Peaks Model of Financial Regulation and Reform in South Africa" 2017 LFMR 151-153
Godwin A "Australia's Trek Towards Twin Peaks - Comparisons with South Africa" 2017 LFMR 183-193
Godwin A and Ramsay I "Twin Peaks – The Legal and Regulatory Anatomy of Australia's System of Financial Regulation" 2015 JBFLP 240-268
Godwin AJ and Schmulow AD "Financial Sector Regulation Bill in South Africa, Second Draft: Lessons from Australia" 2015 SALJ 756-768
Godwin A, Howse T and Ramsey I "Twin Peaks: South Africa's Financial Sector Regulatory Framework" 2017 SALJ 665-702
Godwin A, Li G and Ramsay I "Is Australia's Twin Peaks System of Financial Regulation a Model for China? (Part 2)" 2016 HKLJ 935-965
Goodspeed I "Twin Peaks" 2013 South African Financial Market Journal 2-12
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
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)
Malan FR and Pretorius JT "The Reserve Bank, Banks and Clearing Houses in South African Law: Part 1" 2001 SA Merc LJ 35-58
Malan FR and Pretorius JT "The Reserve Bank, Banks and Clearing Houses in South African Law: Part 2" 2001 SA Merc LJ 163-185
Malan FR and Pretorious JT "Contemporary Issues in South African Banking Law" 2001 THRHR 268-296
Millard D "The Impact of the Twin Peaks Model on the Insurance Industry" 2016 PELJ 1-37
Munedzi-Qankase S A Comparative Statutory Analysis of the Collaboration and Cooperation Between the South African Reserve Bank and Other Financial Regulatory Bodies Under the Financial Sector Regulation Act 9 of 2017 (LLD-thesis North-West University 2022)
Ojo TA and Zondi S "Impact of Institutional Quality and Governance on Financial Inclusion for Women in South Africa: A Case of Gauteng Women Entrepreneurs" 2021 Strategic Review for Southern Africa 59-82
Oosterloo S and De Haan J "Central Banks and Financial Stability: A Survey" 2004 Journal of Financial Stability 257-273
Osode P "Two Heads are Better than One: Assessing South Africa's 'Twin Peaks' Financial Regulation Model" 2021 Interdisciplinary Journal of Economics and Business Law 9-32
Qumba MF "A Comparative Analysis of the Twin Peaks Model of Financial Regulation in South Africa and the United Kingdom" 2022 SALJ 78-113
Rossouw J "A Selective Reflection on the Institutional Development of the South African Reserve Bank Since 1921" 2011 Economic History of Developing Regions 3-20
Rossouw J and Rossouw C "Forcing the Few: Issues from the South African Reserve Bank's Legal Action Against Its Delinquent Shareholders" 2017 Southern African Business Review 1-19
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 A "Who Will Be Doing What Under South Africa's New 'Twin Peaks' Model" 2018 Finweek 34-36
Schmulow A "Consumer Financial Well-Being in South African Twin Peaks Regulatory Regime: From Measurement to Confidence in Outcomes" 2020 International Review of Financial Consumers 1-11
Schoombee A "The Stals Era of Monetary Policy in South Africa" 2003 South African Journal of Economic History 31-49
Schooner HM "The Role of Central Banks in Bank Supervision in the United States and the United Kingdom" 2002 Brooklyn J Int'l L 411-438
Schulze WG "The Sources of South African Banking Law – A Twenty-First Century Perspective (Part 1)" 2002 SA Merc LJ 438-452
Schwartz RA, Byrne JA and Stempel E Market Integrity: Do Our Equity Markets Pass the Test? (Springer Cham 2018)
Shefrin H and Statman H "Ethics, Fairness and Efficiency in Financial Markets" 1993 Financial Analyst Journal 21-29
Shipalana P "Macroeconomic Policy Development: Lessons Learnt from South Africa During COVID-19" 2021 African Portal 1-5
Strakosch H "The South African Reserve Bank" 1921 The Economic Journal 172-178
Swart L and Lawack-Davids VA "Understanding the South African Financial Markets: An Overview of Regulators" 2010 Obiter 619-637
Van Heerden CM and Van Niekerk GM "Twin Peaks in South Africa: A New Role for the Central Bank" 2017 LFMR 154-162
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 "Two Takes on Twin Peaks: A Comparative Appraisal of the Models of Financial Regulation in the Netherlands and South Africa" 2020 THRHR 491-513
Van Niekerk MG A Comparative Analysis of the Role of the Central Bank in Promoting and Maintaining Financial Stability in South Africa (LLD-dissertation University of Pretoria 2018)
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 108-134
Van Zyl C et al Understanding South African Financial Markets 3rd ed (Van Schaik Pretoria 2009)
Vermeulen C "One Hundred Years of Private Shareholding in the South African Reserve Bank" 2021 Economic History of Developing Regions 245-263
Legislation
Banks Act 94 of 1990
Constitution of the Republic of South Africa, 1996
Currency and Banking Act 31 of 1920
Financial Intelligence Centre Act 38 of 2001
Financial Markets Act 19 of 2012
Financial Sector Regulation Act 9 of 2017
Financial Services Board Act 97 of 1990
National Credit Act 34 of 2005
South African Reserve Bank Act 29 of 1944
Internet sources
Bordo MD 2007 A Brief History of Central Banks https://www.clevelandfed.org/publications/economic-commentary/2007/ec-20071201-a-brief-history-of-central-banks accessed 12 March 2021
Buckley RP 2007 The Institutional Weaknesses in the International Financial System. UNSW Law Research Paper No 2007-14 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=975015 accessed 23 September 2024
Collocott C 2019 Financial Regulation in South Africa – Brief II-II https://hsf.org.za/publications/hsf-briefs/financial-regulation-in-south-africa-2013-brief-ii-of-ii accessed 25 April 2022
Ferhani HJ and Sayeh AM 2008 South Africa: Financial System Stability Assessment, Including Report on the Observance of Standards and Codes on the Following Topic: Securities Regulation. IMF Country Report No 08/349 https://www.imf.org/external/pubs/ft/scr/2008/cr08349.pdf accessed 23 September 2024
International Monetary Fund 2010 South Africa: Detailed Assessment of Compliance on Basel Core Principles for Effective Banking Supervision. Country Report No 2010/353 https://www.imf.org/en/Publications/CR/Issues/2016/12/31/South-Africa-Detailed-Assessment-of-Compliance-on-Basel-Core-Principles-for-Effective-24483 accessed 23 September 2024
International Monetary Fund 2014 South Africa: Financial System Stability Assessment. Country Report No 2014/340 https://www.imf.org/en/Publications/CR/Issues/2016/12/31/South-Africa-Financial-System-Stability-Assessment-42508 accessed 23 September 2024
National Treasury 2022 Treasury on Financial Sector Assessment Program: South Africa: Financial System Stability Assessment Report https://www.gov.za/news/media-statements/treasury-financial-sector-assessment-program%C2%A0south-africa%E2%80%99s-financial-system accessed 27 August 2022
Rajendaran D 2012 Approaches to Financial Regulation and the Case of South Africa https://blog.dvararesearch.com/2012/03/06/approaches-to-financial-regulation-and-the-case-of-south-africa/ accessed 23 September 2024
Schinasi GJ 2004 Defining Financial Stability. IMF Working Paper WP/O4/187 https://www.imf.org/external/pubs/ft/wp/2004/wp04187.pdf accessed 23 September 2024
Sithole A 2018 Regulatory Strategy of the Financial Sector Conduct Authority: October 2018 to September 2021 https://qa.masthead.co.za/wp-content/uploads/2018/10/FCSA-Strategy-2018.pdf accessed 23 September 2024
Thomas R 2011 Trade in Financial Services in Southern Africa: What Room for Negotiators Post-2008 Financial Crisis? South African Institute of International Affairs Research Report 8 https://saiia.org.za/research/trade-in-financial-services-in-southern-africa-what-room-for-negotiators-post-2008-financial-crisis/ accessed 23 September 2024
Viñals J and Brook PJ 2009 The Financial Sector Assessment Program After Ten Years: Experience and Reforms for the Next Decade https://www.imf.org/external/np/pp/eng/2009/082809B.pdf accessed 23 September 2024
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