How SA’s Regulators are driving Fintech Innovation in South Africa
The financial landscape around the world is evolving. Technology is becoming more sophisticated with technology-led innovation in financial services changing how regulators, society, financial services providers and other third party stakeholders interact with each other. In light of these developments South African regulators have developed an innovative approach to facilitate Fintech innovation in a manner that seeks to amplify the benefits of innovation such as financial inclusion, affordability, competition, efficiency, while mitigating some of the potential risks such as data protection, cyber security, and customer protection.
Recent financial innovations such as decentralised ledgers and blockchain technology, smart contracts and the tokenised economy have necessitated regulators and central banks alike to reflect on how to ensure that the regulatory framework remains appropriate and fit for purpose. My session will focus on some of the nuanced challenges associated with regulating financial innovations, with a specific focus on crypto assets. In particular, I will discuss how a balance needs to be struck between ensuring that the regulatory framework for crypto assets caters proportionately to and appropriately for the associated risks. The challenges posed from a compliance perspective will also be highlighted.
Plain language and privacy law expert, speaker, rehabilitated attorney, Lego nerd. Elizabeth specialises in all things consumer law, POPIA, plain language drafting and training. She is the editor of the Consumer Law Review and co-writer of 'A Guide to the Protection of Personal Information Act'.
Data is the new (s)oil - Harnessing the power of personal data responsibly
As if 2020 isn't hard enough, organisations now have to worry about POPIA too! The good news is that it is possible to become compliant and transform your organisation to be ready for the challenges and opportunities of the 4IR. This topic should transform the way you think about POPIA compliance.
Irwin Spilka is a partner in a niche privacy and data protection consultancy. He was a partner at Stonehage Fleming, an international family office, where he was Group Head of Risk and Compliance from 2000 – 2016 and then its Group’s Data Protection Officer from 2016 -2020 Irwin also spent 20 years with Old Mutual, 10 years in South Africa followed by 10 years in the United Kingdom where he has since lived. He is a non-practicing attorney with an MSc in Training (Leicester) and an MSc in Financial Services Regulation (London Guildhall). He is a Chartered Fellow of the Institute for Securities and Investments.
John Giles has years of practical experience applying his knowledge to organisations to help them grow and avoid legal problems, difficulties, or disputes. He always tries to add value to his clients. He embraces and uses technology to provide the best possible services to his clients.
HANNELIE HATTINGH (FSCA)
Hannelie Hattingh has been with the Financial Sector Conduct Authority (FSCA) since 2015, she started in the Market Conduct Strategy unit, involved with the transition of the FSCA to its new mandate as a dedicated market conduct regulator in the Twin Peaks framework. She is now a Senior Manager in the Regulatory Framework department. The department is responsible for the drafting of all the legislation of the FSCA. She holds the Compliance Professional (SA) designation from the Compliance Institute Southern Africa and has more than 10 years’ compliance experience at one of the largest banks in South Africa. She is an admitted attorney and notary and holds an LLB degree from the University of Pretoria.
Conduct Standard for Banks
The aim of the presentation is to provide some insight into the process and background to the development of the Conduct Standard for Banks. Hannelie Hattingh from the FSCA will provide an overview of how the Standard was developed and structured. The Standard was published earlier in the year under sections 106 and 108 of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017) (FSRA). The objective of the Conduct Standard is to introduce requirements that promote the fair treatment of financial customers of banks. The Conduct Standard is therefore the first step towards rolling out a comprehensive market conduct regulatory framework for the banking sector.
PROF LOUIS DE KOKER
Prof Louis de Koker holds a
chair in law at the La Trobe Law School (Australia) where he is the coordinator
and RegTech program leader of the La Trobe LawTech team.
From 2014-2019 he was the national program leader of the Law and Policy research program of the Australian government-funded Data to Decisions Cooperative Research Centre. This program considered the legal and policy aspects relating to Big Data analysis and Australian national security objectives. He is also a senior financial crime policy consultant to Consultative Group to Assist the Poor (CGAP), an independent think tank housed at the World Bank promoting financial inclusion.
Louis, the former director of the Centre for the Study of Economic Crime of the University of Johannesburg, has worked with CGAP, the World Bank, the Alliance for Financial Inclusion and regulators and financial service providers on integrity and inclusion over the past decade. He has advised on a range of laws and regulations in countries such as Jordan, Kyrgyzstan, Namibia, South Africa, Uganda, and Vietnam and his research on integrity laws and their impact on financial inclusion has been cited in publications of the various international bodies including the World Bank, IMF, the Financial Action Task Force (FATF) and the Basel Committee on Banking Supervision. He was a member of a World Bank team that researched financial crime controls relating to mobile money, a member of the core team that designed the World Bank tool for national money laundering risk assessment and a member of the FATF project group that drafted their guidance papers on aligning financial inclusion and financial integrity and advised on its digital identity guidance.Risks of the Risk-based Approach to Regulation and Compliance
The FSCA established the FICA Supervision Unit with effect from 1 August 2020.
I hold the position of manager and my responsibilities
include, amongst others:
· Co-ordinating and managing the ML / TF supervisory activities of the FSCA in relation to accountable institutions as set out in the relevant schedules to the FIC Act.
· Co-ordinating with line departments in the Conduct of Business Division and the AML Unit in the office of the General Council in relation to the supervisory activities implemented by the FSCA as a supervisory body.
FICA: Supervision and Enforcement of an RBA Approach
Michele takes a look at the supervisory activities that are planned for 2020 / 21 and the risk-based approach that the inspections will be based on. She will also explain their enforcement approach and provide examples of sanctions that were published during the last 12 months.
Tom is senior director at RiskScreen, where he is responsible for the design and specification of the firm's award-winning AML software solutions and the management of key client relationships.A regulatory lawyer by background, Tom was previously a partner at Stephen Platt & Associates LLP, a firm known for the rigour of its investigative work on behalf of financial regulators worldwide. With the continued strong growth of KYC Global Technologies, Tom moved in 2020 to a full time role on the regtech side, bringing with him over a decade of experience of the most acute compliance challenges faced by regulated financial services business. He previously worked in M&A at Rothschild.
Through his work with SPA and KYC Global, Tom has become a recognised expert on the application of technology to regulatory challenges. He has advised and acted for regulators, tier one banks, challengers, investment funds, trust companies, stock exchanges, fund administrators, lenders, asset managers and professional bodies.
Covid 19 and Digital Onboarding: Challenges, and how to overcome them
An insight not only into the technologies which are now available to make onboarding quicker and more effective from a financial crime reduction perspective, but also how to navigate the regulatory challenges which sometimes accompany a shift to a new way of working.
Moderator: Murray Michell
Panelists: Ashish Gosai (SIU), Pieter Smit (FIC), Nischal Mewlall (SABRIC), Adv Hermione Cronje (NPA) - Panel Discussion - How do we partner to prevent South Africa’s scourge of financial crime spiraling out of control?
This session will explore the ongoing corruption experienced in South Africa that has dominated media headlines over the past few years. The wave of corruption experienced has permeated both the public and private sectors of our society.
The panelists will consider:
• how South Africa is currently tackling this scourge,
• whether existing actions are considered enough
• what further steps South Africa can take collectively to address what is morally wrong and to reverse the trend in a sustainable manner
ABBA OMAR (BASA)
Dr Yacoob Abba Omar is Head of Strategy and
Communications at the Banking Association of South Africa (BASA). Before that
he was Director Operations of Mapungubwe Institute (MISTRA). He served as South Africa’s Ambassador to
Oman from 2003 to 2008, United Arab Emirates from 2008 to December 2012, and as
Deputy Director-General of Government Communications and Information System (GCIS).
His first assignment in government was as head of Corporate Affairs at Armscor,
in the Ministry of Defence. Before South Africa’s first democratic elections in
1994 Abba served in the African National Congress in several capacities.
His PhD was on ‘Sovereignty and National Identity in South Africa’, through Wits University. He serves, inter alia, on the Steering Committee of the Indlulamithi 2030 Scenarios Project, board of Business Arts South Africa, and is chair of the South African Banking Risk Information Centre (SABRIC) and South African National AIDS Council (SANAC) boards. He teaches a module on scenarios at the Wits School of Governance.
Communications in the time of COVID-19
Compliance and public communications may sound like a contradiction in terms but ensuring public trust in the banking system while lives and livelihoods were being lost was and is a tough act. Doing this while ensuring that banks remained compliant with the various regulatory requirements makes this an even tougher act. The speaker will spell out how this was different from communicating at any other time and how the Banking Association rose to that challenge, as well as what lessons have been learnt for the future.
SANJAY MUNNOO (FEMA)
serves as President of SAQA Accredited Professional Body, Saiosh, the South
African Institute of Occupational Safety & Health. Saiosh has more than 16 500 members.
He has more than 18 years’ experience in the risk and financial services industry. His career started at Alexander Forbes and now works in Senior Management at the Federated Employers Mutual Assurance Company (RF) (Pty) Ltd (FEMA).
He is currently the Chairperson of the ManCo and the H&S Committee at FEMA. He is an author for a national magazine, SHEQ Management.
A PhD candidate at NMMU, his topic is: A Reasonably Practicable H&S Programme for Micro Contractors in the South African Construction Industry.
Academic Qualifications include an MBA; Dip. Mechanical Engineering; B.Com; H&S, Dip. Fin. Acc.
He is a Chartered Member of Saiosh; Assoc. member of SA Institute of Mechanical Engineers, Assoc. member of Association of Certified Fraud Examiners; and Member of IISA.
The impact of COVID-19 on mental health and OHS
COVID-19 has fast tracked the economy ahead of its time. The crisis has accelerated the transition to contactless work and automation.
The economy has been severely affected with many companies going into business rescue or liquidation.
The rapid advancement of technology and working conditions will require OHS Legislation and Regulations to change at a faster pace.
The pandemic is a hugely stressful time for everyone however there are workers who will be more prone to suffering with mental health.
I truly hope that leadership in the public and private sectors collaborate and implement measures aimed at addressing workplace mental health.
Behaviour Scientist, Susan specialises in Psychometry. She has over 15 years’
experience understanding human behaviour in the workplace, and how this effects
individual and group performance, and general functioning in both personal and
professional capacities. Susan has worked across a variety of sectors,
industries, and levels of work, in both private and public sectors, locally and
internationally. In her role, she has gained insight into the thinking and
behaviour behind tasks and decision-making, especially when people are placed
under pressure. C-19 has piqued this interest, particularly in relation to
compliance, and that which affects adherence to or deviance from integrity and
ethics. Her emphasis is on the need for people who are recruited in to
‘vulnerable’ roles to be screened correctly, using robust psychometric
assessments. This is to ensure strategic positioning and development of staff,
amongst other factors influencing the control and management of fraud and
The psychology of corruption
People and their psychological make-up are the drivers of corruption. Fraud and corruption are deliberate actions and behaviours to separate people or institutions from their funds, illegally, either through bribes, kickbacks or theft. People feel an incentive / need which drives actions and decisions, taking opportunities, and rationalising their actions.
To get out of this corruption trap, we need to reduce or change the incentive, control the opportunities, ensure the psychological climate is healthy, and to select the right people for risk roles. Leadership’s responsibility is to ensure that a culture of ethical behaviour and integrity becomes the ‘new norm’.
Sonja is the founder of More Beyond. She has
been working in the field of complexity since 2002. She has consulted locally
and internationally with various high-profile clients. Sonja trains locally and
internationally in complexity and related topics at various academic
institutions including the University of Pretoria and GIBS Business School. She
is a sought-after speaker in a wide variety of industries and conferences
including TedX Pretoria.
Navigating complexity: three habits of mind
We live and work in a complex, dynamic, and messy world. While this is becoming ever more apparent, our ways of thinking and the methods and tools at our disposal are still rooted in mechanistic, predictable paradigms. In this talk, we will explore three habits of mind that can help us become more effective in navigating uncertainty, and help the organizations and systems we are part of adapt and thrive.
DR IAN MCCALLUM
The Compliance Institute Southern Africa is the recognised,
independent professional body for the compliance
profession and sets, maintains and promotes best
practice standards for the compliance profession by
facilitating professional development and accreditation
for its members.
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