SA’s banking giants demonstrate untamed disregard for regulators

South Africa’s major banks should come under more intense scrutiny for their perceived disregard of regulatory authorities and allegations of misconduct. Graphic: Supplied/AIS

South Africa’s major banks should come under more intense scrutiny for their perceived disregard of regulatory authorities and allegations of misconduct. Graphic: Supplied/AIS

Published Oct 5, 2023

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By Feroza Petersen

SOUTH Africa’s major banks, known as the “big four” – Standard Bank, Nedbank, Absa, and FirstRand – should come under more intense scrutiny for their perceived disregard of regulatory authorities and allegations of misconduct.

These concerns have raised questions about transparency, fairness, and accountability within the country’s financial sector.

One of the most prominent cases exposing the actions of these banks revolves around the black-owned Sekunjalo Group, chaired by business magnate Dr Iqbal Survé.

These banks are facing accusations of “unbanking” black businesses, justifying their actions by claiming “reputational risk” against them.

However, they often fail to provide clear explanations for such closures, leading to growing concerns about accountability.

Money laundering is a serious financial crime that affects not only South Africa but the global financial system. Regulatory bodies such as the Prudential Authority (PA) and the Financial Sector Conduct Authority (FSCA) play crucial roles in monitoring and enforcing compliance with Anti-Money Laundering (AML) and Countering Financing of Terrorism (CFT) regulations.

However, there are concerns that the banks may not be adequately fulfilling their roles as guardians of financial integrity.

Allegations of money laundering and associations with illicit activities have emerged, raising doubts about whether the banks are following strict procedures to prevent such activities.

These allegations strike at the heart of financial integrity and the responsibilities that banks bear as the custodians of their clients’ financial assets.

Despite the presence of regulatory bodies such as the SA Reserve Bank’s (SARB’s) PA and the FSCA, questions persist about the effectiveness of their oversight.

Major banks have faced allegations of misconduct, money laundering, and racial discrimination, yet significant actions against these banks remain elusive. The use of the word “might” in some instances underscores the uncertainty surrounding investigations into these matters.

The Sekunjalo case has brought to light the challenges in the regulatory landscape. Despite having various regulatory bodies in place, major banks continue to operate without facing significant consequences for their alleged wrongdoings.

The reputation of banks such as Nedbank and Standard Bank has taken a hit, but concrete actions against them are yet to be seen.

Calls for the establishment of a state bank have gained momentum as a potential solution to counter the dominance and perceived lack of accountability to South Africans of the major banks.

Political figures and government officials have advocated for increased regulation and public participation in banking institutions.

The power of South Africa’s big banks, particularly in their interactions with regulatory bodies, raises concerns about transparency, fairness, and accountability.

As the country grapples with these issues, there is a growing demand for banking sector reform and increased oversight to ensure that customers’ rights are safeguarded, and financial institutions operate ethically and transparently.

The recent allegations against Standard Bank, Absa, Nedbank, and FNB spotlight a disconcerting reality of regulatory neglect within South Africa's banking sector. Their size should not exempt them from PA and FSCA rules and standards.

It’s time for more equitable and robust oversight of the financial industry, ensuring all players, regardless of size, adhere to the same compliance and accountability standards. Regulatory bodies must take decisive action to thoroughly investigate these allegations and impose sanctions if necessary, affirming that no entity stands above the law.

The reputation and stability of South Africa’s financial system hinge on strict regulation enforcement and fair treatment of all financial institutions, regardless of their size.

Banking giants must be held accountable, and regulatory integrity upheld to maintain trust in the nation's financial sector.

* Feroza Petersen in a freelance writer.