Lize de la Harpe, Senior Legal Advisor: Sanlam Life & Savings: Regulatory Unit Introduction The Constitutional Court on 9 October 2026 delivered a landmark judgment paving...
Regulation & Compliance
The dilemma of reinstatement orders and the payment of retirement withdrawal benefits
Mpho Kgomongoe, Head: Legal and Technical Services at Simeka Consultants & Actuaries One of the more complex issues facing retirement funds arises where a member is dismissed from...
Direct marketing: Draft guidelines published for compliance with the opt-out registry regulations
Lize de la Harpe, Senior Legal Advisor at Sanlam The Consumer Protection Act (CPA) Amendment Regulations, 2026, gazetted on 15 April 2026, introduced a mandatory national Opt-Out...
How the Financial Institutions and Markets Act changes employer deduction rights in Namibia
Juané Van Aardt, Senior Associate at Bowmans The Financial Institutions and Markets Act, 2 of 2021 (FIMA) came into force on 1 May 2026, repealing the Pension Funds Act, 24 of 1956...
Fund rejects loan owing to borrower’s negative financial position
Lebogang Mogashoa, Pension Funds Adjudicator Borrowing against your pension to finance a home requires more than having sufficient retirement savings. Your monthly cash flow must be...
Tribunal refuses to condone an application filed almost a year late
Miranda Rasehala, Legal Advisor, FNB South Africa On 29 September 2026, the Financial Services Tribunal dismissed an application to reconsider the Pension Funds Adjudicator's decision...
Financial Services Tribunal weighs in on a fund’s handling of a dispute concerning the calculation of a fund death benefit
Lize de la Harpe, Senior Legal Advisor: Sanlam Introduction Section 37C of the Pension Funds Act, 1956 regulates the payment of lump sum death benefits that become payable by a...
R88bn is sitting unclaimed. Who should be trusted to find the rightful owners?
Ashendran Padayachee, Head of Legal and Compliance at Momentum Corporate South Africa's financial system is sitting on an estimated R88 billion that belongs to people who don't know...
AI and insurance: A new era for claims
Claudia Jackson, Partner; & Shanae Durman, Senior Associate; at Bowmans Artificial intelligence (AI) is becoming embedded in the insurance claims lifecycle. Insurers are using AI...
Trustees can’t hide behind tables – Actuarial models not an excuse
Lebogang Mogashoa, Pension Funds Adjudicator The Pension Funds Adjudicator has made it clear: a fund cannot hide behind actuarial tables when allocating a death benefit. Numbers alone...
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