The South African financial services regulatory environment is in flux! It is experiencing significant regulatory change, which is becoming increasingly burdensome to financial institutions operating in the South African financial services sector. While the intentions behind the new wave of regulations may be sound, the implications to market participants are significant and challenging. The source of this burgeoning South African financial services regulatory landscape is primarily rooted in the recent global financial crisis. Since the beginning , governments, politicians and regulators around the world have been calling for additional and stricter regulatory oversight, and South Africa is no exception. This has seen the introduction of laws and regulations that have impacted on the activities of South African financial institutions and the manner in which they conduct business. While the need to protect the taxpayer from ever having to bail out the banks again is laudable, we need to ask the question, has regulation gone too far, especially in the South African context of no bank bailouts during the financial crisis? The financial services industry needs regulation that serves the economy in which it operates however this does not necessarily mean just more. Increased regulation has both a negative and positive impact, it will increase compliance costs, increase the need for additional staff to monitor compliance which in turn can reduce the availability of resources for innovation, change and can impact the way investors see their opportunity of return. For customers this may mean reduced credit offering, trade finance and risk management services. Similarly we cannot discount the benefits of regulation. The objective of the regulation reforms is to enhance stability, consumer protection, access to financial services, coordination between regulators and comprehensiveness whereby businesses operating in the financial services sector are licensed and registered. All stakeholders, local and international, have a key role to play in striking a balance between the cost of regulation and that of economic growth. After
all, operating in the financial services
industry does not mean a zero-risk business, failures may occur from time to time. Increased regulation could be viewed as looking ahead to prevent the possibility of another financial crisis or alternatively viewed as filling the voids exposed by the last one.
The Life cycle of regulation
The principle objective of government and regulators has been first and foremost to make the financial system safe and to ensure public/customer confidence. The perception of the financial environment has been negative since 2008. The rate at which regulatory reform has flowed from the financial crisis has been significant but at what cost? Certain costs associated with the implementation of regulation have increased, reducing the availability of lending and services to customers. For example, in order for the banks to raise additional capital and liquidity, their lending margins have been impacted, which in turn creates lower loan to value rates and thus impacting lending in the wider economy. Looking specifically at the reforms in South Africa there are a number of new, amended and proposed regulations such as;
The Financial Services Board (FSB)
is in the process of developing a new risk-based solvency regime for South African short-term and long-term insurers, known as the Solvency Assessment and Management regime (SAM). This will align the South African insurance industry with international standards