South Africa: Financial Services

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.

Is Buy Now, Pay Later On Borrowed Time?

South Africa's buy-now-pay-later sector faces heightened regulatory scrutiny as the Reserve Bank flags potential household financial stress risks. As BNPL products blur the lines between payment innovation and consumer credit, the debate centers on whether current regulatory frameworks adequately address affordability assessments, bureau reporting, and consumer protection in this rapidly growing market.

South Africa Finance

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ENS

Draft Capital Flow Management Regulations: The Main Themes Likely To Shape Public Submissions

South Africa's National Treasury and SARB have released draft Capital Flow Management Regulations that would fundamentally reshape how cross-border capital flows are regulated, with particular focus on crypto assets. The proposed framework raises critical questions about implementation detail, proportionality, and whether the broad provisions align with the stated policy objective of moving toward a more positive-bias system with fewer pre-approvals and greater reliance on reporting.

South Africa Finance

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ENS

Acknowledgement Of Debt - Promissory Note

A South African court examines whether an acknowledgement of debt containing specific payment terms qualifies as a promissory note under the Bills of Exchange Act, determining the applicable prescription period for debt recovery. The case turns on statutory interpretation of negotiable instruments and the distinction between mere acknowledgements and unconditional promises to pay.

South Africa Finance

AA

Adams & Adams

Draft Guidance Note 7B: Sharper Focus On Proliferation Financing, Risk Assessment And Due Diligence

South Africa's Financial Intelligence Centre has released draft Guidance Note 7B for public consultation, introducing significant refinements to the country's anti-money laundering framework.

South Africa Finance

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ENS

RCR Season Is Here: What Directive 11 Means For Accountable Institutions

South Africa Finance

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ENS

Third-party Payment Providers At A Regulatory Crossroads

South Africa Finance

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ENS

Payments First: Why The SARB Is Prioritising Digital Infrastructure Over A Retail CBDC

South Africa Finance

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ENS

Two Upgrades In 12 Months: South Africa’s Credit Rating Renaissance

South Africa Finance

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ENS

South Africa’s Next Payments Wave - Wearables, Wallets And The Move Beyond Cash

South Africa Finance

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ENS

Not E-money After All: What South Africa’s Draft Payments Framework Means For Crypto And Fintech

South Africa Finance

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ENS

When Shareholders Can Overrule The Regulator: The Unresolved Tension Between The Banks Act And The New Remuneration Provisions Of The Companies Act

South Africa Finance

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ENS

Bitcoin Is Capital: High Court Rewrites The Exchange Control Debate

South Africa Finance

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ENS

The Crypto Exchange Control Debate Is Far From Settled

South Africa Finance

Ai

Andersen in South Africa

Term ZARONIA: South Africa's Forward-looking Answer To JIBAR's Farewell

South Africa Finance

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ENS

Fashion, Culture And Intellectual Property

South Africa IP

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ENS

Intellectual Property Rights: Why Litigation Remains The Effective Enforcement Tool

South Africa IP

BI

Barnard Inc.

Payments First: Why The SARB Is Prioritising Digital Infrastructure Over A Retail CBDC

South Africa Finance

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ENS

A Snapshot Of The National Minimum Wage For 2026

South Africa Employment

F

Fasken

Draft Guidance Note 7B: Sharper Focus On Proliferation Financing, Risk Assessment And Due Diligence

South Africa Finance

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ENS

Term ZARONIA: South Africa's Forward-looking Answer To JIBAR's Farewell

South Africa's Market Practitioners Group has formally endorsed the development of Term ZARONIA, a forward-looking reference rate designed to replace JIBAR before its year-end 2026 discontinuation.

South Africa Finance

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ENS

Beyond Bank Sponsorship - A New Regulatory Path For South African Fintech

South Africa's Reserve Bank has proposed a new regulatory framework that could fundamentally reshape how fintech companies access the national payment system.

South Africa Finance

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ENS

Africa In Focus - First Edition

Africa in Focus explores a range of legal and regulatory developments shaping investment trends across Africa. In this first edition, we focus on a collection of topics connected by the themes of natural resources, geopolitics, regulatory reform and the rapid growth of digital markets.

South Africa Anti-trust

KL

Herbert Smith Freehills Kramer LLP

Telecoms, Fintech And The Emerging Trust Layer Of The Digital Economy

Telecom operators are evolving beyond connectivity into digital finance infrastructure, leveraging their existing assets like customer reach, SIM-linked identity, and distribution networks.

South Africa Media & IT

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ENS

Bitcoin, Barter And The Blockchain: A Critical Reading Of Mangundhla v South African Reserve Bank

South Africa Finance

AA

Adams & Adams

Looking Beyond The Headline: The Absa GAAR Judgment Explained | Absa Bank Limited And Another V Commissioner For The South African Revenue Service

South Africa Tax

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ENS

South Africa Tax

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ENS

Out Of The Gazette, Into The Inbox: How The 2026 Amendments Reshape Mutual Bank Reporting

South Africa Finance

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ENS

May The Markets Be Ever In Your Favour: Is South Africa's Debt Market Becoming More Exclusive?

South Africa Finance

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ENS

Blocking The Spam 16 Years In The Making

South Africa Finance

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ENS

Tough Transition? How The Bond Market Should Prepare For JIBAR Cessation

South Africa Finance

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ENS

When Enforcement Overreaches: What A Recent FICA Judgment Means For Sanctions

South Africa Finance

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ENS

COFI Heads To Parliament: A New Era For Financial Conduct Regulation

South Africa Finance

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ENS

The Taxman's Cousin Just Found Bitcoin

South Africa Finance

Ai

Andersen in South Africa

Tough Transition? How The Bond Market Should Prepare For JIBAR Cessation

The transition from the Johannesburg Interbank Average Rate (“JIBAR”) to the South African Rand Overnight Index Average (“ZARONIA”) is now firmly underway, presenting participants in the bond market...

South Africa Finance

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ENS

When Enforcement Overreaches: What A Recent FICA Judgment Means For Sanctions

ENSafrica's latest legal briefing covers critical developments across African jurisdictions, from Uganda's proposed withholding tax on foreign debt to South Africa's rail reform revolution and the landmark COFI legislation heading to Parliament. The collection examines regulatory enforcement limits, investment law changes in Ghana, and emerging risks in AI-generated code deployment.

South Africa Finance

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ENS

COFI Heads To Parliament: A New Era For Financial Conduct Regulation

Cabinet's approval of the Conduct of Financial Institutions Bill ("COFI") for submission to Parliament is a significant development for South Africa's financial sector.

South Africa Finance

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ENS

The Taxman's Cousin Just Found Bitcoin

South Africa's cryptocurrency landscape is undergoing a fundamental regulatory shift as draft Capital Flow Management Regulations formally bring crypto assets within the country's exchange control framework. The proposed changes would replace the 1961 Exchange Control Regulations entirely, positioning licensed crypto asset service providers as mandatory intermediaries for significant transactions and requiring residents to declare cross-border crypto holdings within strict thresholds.

South Africa Finance

Ai

Andersen in South Africa

How South Africa’s Credit Guarantee Vehicle Can Rewire Bank Capital

South Africa Finance

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ENS

New Rules For The Pension Funds Adjudicator: What You Need To Know

The Ombud Council published the Ombud Council Rules for the Pension Funds Adjudicator, 2026 (the "Rules")...

South Africa Finance

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ENS

JIBAR Reform: A Final Call To Action For Financial Institutions And Corporations

The transition from the Johannesburg Interbank Average Rate (JIBAR) to the South African Rand Overnight Index Average (ZARONIA)...

South Africa Tax

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SNG Grant Thornton

Pegged But Changing: South Africa’s Stablecoin Regulatory Reckoning

The Intergovernmental Fintech Working Group (“IFWG”) has published a discussion paper examining how existing South African financial regulatory frameworks apply to rand-pegged stablecoin arrangements (“Discussion Paper”).

South Africa Technology

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ENS

Cross-border Control Of South African Banks: Why Deals Succeed, Why They Stall And How To Get Them Over The Line

The collapse of the proposed Bidvest Bank-Access Bank transaction underscores a blunt truth: cross-border acquisitions of South African banks live or die on the acquirer's ability to satisfy an exacting...

South Africa Finance

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ENS

South Africa's New Regulatory Framework For Alternative Remittance Providers: What Businesses Need To Know

South Africa Finance

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ENS

From Eskom Blues To Infrastructure Gold: Positioning South Africa's Independent Transmission Projects As A New Investable Asset Class

South Africa Government

FW

Fairbridges

South Africa Removed From Financial Action Task Force (FATF) Grey List

South Africa Government

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The Sovereign Group

Who May Challenge An FSCA Decision? Practical Lessons On Locus Standi From Banxso Case

South Africa Finance

AA

Adams & Adams

Location, Location, Compliance: Inside The FIC's Draft Directive 10

South Africa Finance

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ENS

Africa's Digital Future: Insights On Data Centre Investment

South Africa Finance

KL

Herbert Smith Freehills Kramer LLP

BNPL: Payment Method vs. Credit Agreement – Which Is It And Can It Be Both?

South Africa Finance

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Webber Wentzel

Ready, Set, Switch: Executing Your JIBAR Exit

South Africa Finance

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ENS

FSCA And Prudential Authority Publish Landmark Report On AI In South Africa's Financial Sector

South Africa Technology

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ENS

SARB's November Draft Authorisation Framework: Are Stablecoins Now "E Money"?

South Africa Technology

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ENS

Artificial Intelligence In South African Financial Sector: What The FSCA–PA Report Reveals About IP, Trade Secrets, And Smart Governance

South Africa Technology

AA

Adams & Adams

Two Big Steps Forward For South Africa: Ratings Boost And FATF Grey List Removal

South Africa Finance

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ENS

Understanding Restraints Of Trade Against The Backdrop Of FSCA Debarments In The Brokerage Industry

South Africa Employment

BI

Barnard Inc.

SARB's Amended Authorisation Framework: Closing The Loop On Closed Loop And TPPPs

South Africa Finance

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ENS

U.S. Court Applies "Interrelated Wrongful Acts" And Client‑Services Limits To Defeat PI Claim

South Africa Finance

AA

Adams & Adams

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AF

AXIS Fiduciary Ltd

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SNG Grant Thornton

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ENS

Finance Act 2023 Briefings - Part 3 – Financial Services (Video)

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Orison Legal

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Olisa Agbakoba Legal (OAL)

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