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Administrative Law [2020] ZASCA 64

Associated Portfolio Solutions (Pty) Ltd and Another v Basson and Others (554/2019)

Associated Portfolio Solutions (Pty) Ltd and Another v Basson and Others (554/2019) [2020] ZASCA 64; 2021 (1) SA 341 (SCA) (12 June 2020)

Court
Supreme Court of Appeal
Case number
554/2019
Judges
Ponnan, Dambuza, Plasket, Gorven, Matojane

The Supreme Court of Appeal held that the debarment of Mr Basson was an administrative action subject to review under PAJA. The court found that the disciplinary inquiry established facts directly relevant to Mr Basson's honesty and integrity, which are central to the fit and proper requirements under the FAIS Act. The notices sent to Mr Basson provided adequate warning of the impending debarment and invited him to make representations, which he did through his attorneys. The court rejected the argument that a separate debarment inquiry was required, holding that the disciplinary process suff…

Source excerpt

  • Debarment Of Representatives
  • Fit And Proper Requirements
  • Procedural Fairness
  • Institutional Bias
  • Disciplinary Inquiry
  • Review Of Administrative Action
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Administrative Law [2019] ZAGPPHC 83

Smith v Financial Services Board and Another (9046/2018)

Smith v Financial Services Board and Another (9046/2018) [2019] ZAGPPHC 83 (20 March 2019)

Court
North Gauteng High Court, Pretoria
Case number
9046/2018
Judge
Millar

The High Court set aside a FAIS debarment because the applicant was not given adequate notice or a fair opportunity to answer the case against her.

  • Debarment Of Representatives
  • Procedural Fairness
  • Fit And Proper Requirements
  • Financial Advisory And Intermediary Services Act
  • Administrative-law
  • Fais-act
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Administrative Law [2018] ZAWCHC 184

Basson v Associated Portfolio Solutions (Pty) Ltd and Others (16224/2017)

Basson v Associated Portfolio Solutions (Pty) Ltd and Others (16224/2017) [2018] ZAWCHC 184 (14 December 2018)

Court
Western Cape High Court, Cape Town
Case number
16224/2017
Judge
Sievers

The High Court set aside the debarment of a financial services representative, finding the process procedurally unfair and biased, and dismissed the counter-application.

  • Promotion Of Administrative Justice Act
  • Fit And Proper Requirements
  • Procedural Fairness
  • Debarment Of Representatives
  • Conflict Of Interest
  • Audi Alteram Partem
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Administrative Law [2015] ZASCA 96

Financial Services Board v Barthram and Another (20207/2014)

Financial Services Board v Barthram and Another (20207/2014) [2015] ZASCA 96; [2015] 3 All SA 665 (SCA); 2018 (1) SA 139 (SCA) (1 June 2015)

Court
Supreme Court of Appeal
Case number
20207/2014
Judges
Ponnan, Cachalia, Leach, Dambuza, Gorven

The SCA held that FAIS debarment under section 14(1) operates industry-wide and set aside Discovery Life’s debarment of Mr Barthram for unfair procedure.

  • Debarment Of Representatives
  • Fit And Proper Requirements
  • Procedural Fairness
  • Financial Services Regulation
  • Audi Alteram Partem
  • Review Under Paja
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Administrative Law [2013] ZAGPPHC 355

Bartram v Discovery Life Ltd and Another (59909.2012)

Bartram v Discovery Life Ltd and Another (59909.2012) [2013] ZAGPPHC 355 (21 November 2013)

Court
North Gauteng High Court, Pretoria
Case number
59909/2012
Judge
E M Makgoba

The High Court held that Discovery Life lawfully removed the applicant from its own representative register under the FAIS Act; publication of the debarment was the Registrar’s act.

  • Financial Advisory And Intermediary Services Act
  • Debarment Of Representatives
  • Procedural Fairness
  • Review Of Administrative Action
  • Fais-act
  • Debarment-of-representatives
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Administrative Law [2011] ZAFSHC 65

Odendaal v Absa Brokers (Pty) Ltd and Another (A112/2009)

Odendaal v Absa Brokers (Pty) Ltd and Another (A112/2009) [2011] ZAFSHC 65 (24 March 2011)

Court
Free State High Court, Bloemfontein
Case number
A112/2009
Judges
Van der Merwe, Lekale

Review of a debarment under FAIS failed. The court held the enquiry was procedurally fair and the decision rationally connected to the evidence.

  • Financial Advisory And Intermediary Services Act
  • Fit And Proper Requirements
  • Debarment Of Representatives
  • Procedural Fairness
  • Rationality Review
  • Fais
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Administrative Law [2009] ZAGPPHC 19

Kruger v Sanlam Lewensversekering Beperk (8154/09)

Kruger v Sanlam Lewensversekering Beperk (8154/09) [2009] ZAGPPHC 19 (3 April 2009)

Court
North Gauteng High Court, Pretoria
Case number
8154/09
Judge
Msimeki

Urgent application to uplift a debarment and restore a financial-services representative to the register was dismissed; the court held the remedy lay in review proceedings.

  • Financial Advisory And Intermediary Services Act
  • Debarment Of Representatives
  • Review Of Administrative Action
  • Urgent Interdict
  • Fais-act
  • Debarment-of-representatives
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.