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Rethinking Oath Certification: Introducing Electronic Commissioning
The Department of Justice and Constitutional Development has published draft Regulations introducing formal provisions for electronic commissioning of affidavits in South Africa. This legislative modernisation proposes to allow commissioners to administer oaths remotely through audio-visual communication, fundamentally changing the traditional requirement for physical presence while maintaining essential safeguards.
South Africa Litigation
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ENS
Article
Crypto Crackdown: What The Reserve Bank’s Case Against Kastelo Means For Your Business
Recent litigation between the South African Reserve Bank and fintech company Kastelo has brought exchange control compliance and crypto arbitrage under intense regulatory scrutiny. The case raises critical questions about how fintech business models involving cross-border transactions, foreign exchange, and digital assets must navigate South Africa's evolving regulatory framework, particularly regarding the use of individual foreign investment allowances for commercial purposes.
South Africa Finance
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ENS
Article
No Shortcut To Investigation: Section 43 Of The Legal Practice Act Is An Extraordinary Provision
The Western Cape High Court examined whether the Legal Practice Council could urgently suspend two legal practitioners without conducting a proper investigation into allegations of trust fund misappropriation exceeding R16.9 million. The case centered on the interpretation of section 43 of the Legal Practice Act and whether the LPC's expedited process, based solely on untested allegations from a complainant involved in divorce proceedings.
South Africa Litigation
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ENS
Article
Central Clearing On The Horizon: What South Africa’s Over-the-counter Derivatives Reforms Mean For The Financial Sector
South Africa is preparing to implement mandatory central clearing for certain over-the-counter derivatives by 2028, marking one of the most significant regulatory changes to its derivatives market in over a decade. The South African Reserve Bank has confirmed that the framework will initially apply to rand-denominated interest rate swaps and forward rate agreements, with additional derivative classes to be introduced gradually. Market participants across the financial services industry will need to assess t
South Africa Finance
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