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South Africa has, and continues to trail other countries in its regulation of short sales. However, late last year, the Financial Sector Conduct Authority (FSCA) published its discussion paper on the implementation of a short sale reporting and disclosure framework, in order to remedy this regulation shortfall.
As most will be aware, the 2018 Competition Amendment Bill (Bill) is set to impact dominant firms’ interactions with customers and suppliers that are small and medium businesses, or which are owned by historically disadvantaged persons.
The National Credit Act, No 34 of 2005 (Act), in the words of Nicholls AJA, “is not a model of clarity, has been bemoaned by the High Court, this Court and the Constitutional Court on a number of occasions”.
The Minister of Finance announced in his 2017 Budget Review that the regulations defining electronic services would be broadened. Following the revised draft regulations which were published on budget day 2018, National Treasury published ‘final’ regulations which significantly broaden the definition of ‘electronic services’.
On 28 September 2018, the Prudential Authority (PA) released its Regulatory Strategy for the period 2018–2021.