logo
Your money, your rules – these are your banking rights

Your money, your rules – these are your banking rights

The Citizen31-05-2025

Your banking rights are protected by the Code of Banking Practice compiled by the Financial Sector Conduct Authority.
When you pay your money into your bank account, your money remains yours and therefore you should have rights attached to your money and your bank account.
Having a bank account is not just about keeping your money safe but about having financial security, making payments easily and accessing services that improve your life. In short: your bank owes you.
Banks are required to treat all customers fairly and cannot discriminate based on income, gender, race or background.
However, despite these regulations, many consumers continue to face challenges in accessing financial services due to high costs and complex requirements.
Therefore, Cheslyn Jacobs, chief commercial officer at TymeBank, says you should understand your rights as a consumer when it comes to banking.
'Understanding your rights helps you to make informed choices and ensures that your bank treats you fairly. It allows you to confidently navigate banking services, question unfair charges and take advantage of the benefits and protections available to you as a customer.
'When you know what to expect, you can make financial decisions that best serve your needs and long-term goals.'
The Code of Banking Practice guides how banks should treat you. The Financial Sector Conduct Authority (FSCA) also ensures compliance with the code. Jacobs says these rights include:
Your right to a bank account
You have the right to open a bank account, provided you meet some basic requirements, such as proof of your identity, proof of residence and sometimes proof of income. You may also need to provide a minimum opening deposit.
ALSO READ: FSCA finds banks do not handle consumer complaints properly
Your right to clear information about bank charges
It is important to know the costs associated with your account, Jacobs says. Banks are required to clearly explain all fees, charges and interest rates before you open an account. Always ask for a list of all costs upfront, check your bank's website and regularly review your bank statements.
Your right to switch banks
If you are unhappy with your bank's service, fees, or policies, you have the right to move your money to another bank. Jacobs says it is easier than ever to switch banks.
'Compare options and choose a bank that offers affordable, transparent and secure banking when you switch.'.
ALSO READ: FSCA to investigate banks charging different amounts for the same product
Your right to have your privacy and security protected
Your bank must protect your personal and financial information and cannot share your details without your consent unless required by law. However, Jacobs points out, safeguarding your financial security is also your responsibility.
'To protect yourself, always use strong, unique passwords for online banking and enable two-factor authentication where possible. Be cautious of phishing scams and never click on suspicious links or share your banking details over the phone, email, or text unless you are 100% certain of the recipient's identity.
'Regularly monitor your bank statements for any unauthorised transactions and report them immediately. When using ATMs, be aware of your surroundings and shield your PIN entry.
If you lose your card or suspect fraud, notify your bank as soon as possible to block unauthorised access. By staying vigilant and following these steps, you can help keep your financial information secure.'
ALSO READ: FSCA fines African Bank R700 000 for misleading advertising [VIDEO]
Be on the lookout for fraud and stay aware
According to the South African Banking Risk Information Centre (Sabric), an organisation that works with banks, law enforcement, and regulators to combat fraud, nearly R3.3 billion was lost to fraud in 2023. Digital banking fraud increased by 45%, and banking app fraud by 89%.
'Criminals are using advanced technologies, and therefore it is important to stay informed,' Jacobs says.
Look out for a bank that offers security features such as:
Biometric verification that protects you against identity theft.
DebiCheck, which allows you to approve transactions before money is deducted.
Multi-factor authentication by using a One-time PIN (OTP) to verify transactions.
Security updates must be done regularly to protect your account against fraud.
Tips and updates via various communication channels, including SMS, social media and email on how to protect your money.
ALSO READ: Consumer Protection Act and your rights
How the Consumer Protection Act adds to your banking rights
The Consumer Protection Act (CPA) protects you from unfair treatment, misleading information and hidden fees from your bank. It ensures you receive fair and transparent financial services.
Jacobs says if your bank fails to meet these standards, you have the right to take action to protect yourself and hold them accountable.
He says when you have a problem with your bank, you must start by trying to resolve your complaint directly with the bank, as the Code requires all financial institutions to have internal dispute resolution processes.
'Clearly outline the issue, provide any supporting documents and request a formal response. If the bank does not resolve your complaint satisfactorily and you believe you have been treated unfairly, you have the right to escalate the matter.'
If you believe that your bank did not comply with the CPA, you can approach the National Consumer Commission (NCC) for complaints about unfair business practices, such as misleading advertising or hidden fees.
ALSO READ: Financial service provider giving you problems? The NFO can help
Other regulators that can help to protect your banking rights
The National Financial Ombud Scheme South Africa (NFO) is an independent organisation dedicated to resolving consumer complaints against financial service providers, including banks, credit providers and insurers. Their services are impartial, confidential and free of charge. You can visit the NFO's website to lodge a complaint.
Concerns related to financial advice or investment products can be investigated and mediated by the Ombud for Financial Services Providers (FAIS Ombud).
Jacobs says these regulatory bodies have the authority to enforce corrective action, ensure that consumers are treated fairly and that banks comply with consumer protection laws.
'By taking these steps, you can assert your rights, seek fair treatment and contribute to greater accountability in the financial sector.
'Many South Africans do not realise they have banking and consumer rights. Understanding these rights helps you to make informed choices and protect yourself from unfair treatment or fraudulent activity.'

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Buy now, panic later: A legal deep dive into South Africa's payment revolution
Buy now, panic later: A legal deep dive into South Africa's payment revolution

Mail & Guardian

time3 days ago

  • Mail & Guardian

Buy now, panic later: A legal deep dive into South Africa's payment revolution

New legislation seeks to close regulatory gaps to protect consumers and promote a competitive digital finance system. Photo: Nadine Hutton/Bloomberg via Getty Images) Buy now, pay later (BNPL) payment options have strutted onto South Africa's financial runway with the swagger of innovation, offering interest-free instalments, bypassing traditional credit checks and boasting sleek user interfaces that make old-school lay-bys look prehistoric. For consumers, it feels like a dream: swipe today, split it tomorrow. For platforms, it's fintech gold. But beneath the surface of this frictionless façade lies a regulatory grey zone thick with risk, ambiguity and potential litigation. Is BNPL empowering consumers or quietly indebting them? And when the legal hammer finally drops, who's left holding the bill? BNPL services allow consumers to make purchases immediately and pay for them in installments over a set period, usually without interest if payments are made on time. However, as BNPL use increases, so do concerns around consumer debt, regulatory arbitrage and financial exclusion. The central question in South Africa is whether BNPL products fall within the ambit of the National Credit Act (NCA) or the Financial Advisory and Intermediary Services Act (FAIS Act). The National Credit Regulator is responsible for compliance with the NCA, while the Financial Sector Conduct Authority (FSCA) is responsible for compliance with the FAIS Act. The South African BNLP landscape The consumer credit environment in South Africa is governed by the NCA, which regulates all credit providers and mandates affordability assessments along with other consumer protection mechanisms. BNPL providers often argue that they are not credit providers, as their terms and conditions do not constitute a credit agreement. This is because they charge no interest and operate within a very short payment cycle (for example 4 to 6 weeks). As a result, many BNPL firms claim exemption from NCA obligations. According to the Intergovernmental Fintech Working Group, BNPL falls into a regulatory void. The NCR has taken limited action against providers, while the FSCA has yet to issue clear guidance. Consumers thus face reduced transparency, no guaranteed recourse mechanisms and inconsistent contract terms. BNPL's legal classification determines the scope of regulatory obligations. If BNPL is credit, then the NCA mandates affordability checks, registration with the NCR and extensive disclosures (among other things). However, most BNPL operators avoid these obligations by structuring their offerings as payment solutions or deferred billing. The FAIS Act regulates financial advice and intermediary services. BNPL providers rarely claim to offer financial advice and, as such, FAIS oversight is generally not invoked. This ambiguity causes a jurisdictional conflict between the NCR and FSCA, with little hope of resolution. Moreover, South African consumers are often unaware of potential late fees, the implications of missed payments and the lack of legal recourse, especially when providers collapse or change terms unilaterally. While legal classification remains unresolved, enforcement action against BNPL providers in South Africa has been minimal. In practice, the NCR's enforcement has focused largely on traditional credit providers, while the FSCA's mandate remains unclear in the absence of explicit statutory triggers. This lack of supervisory clarity raises risks of selective compliance, where only larger players seek legal advice or act preemptively, while smaller or offshore providers bypass South African oversight altogether. Moreover, without designated supervisory frameworks, enforcement becomes reactive, often occurring only after consumer harm has materialised. The Conduct of Financial Institutions Bill is envisaged to address these regulatory gaps. A modern regulatory regime must therefore address, not only classification and jurisdiction, but also enforcement mechanisms, investigative powers and co-ordinated oversight, possibly through inter-agency memoranda of understanding or joint supervisory task teams. Without this, regulatory gaps become systemic vulnerabilities. Global BNLP landscape UK: The Financial Conduct Authority will regulate BNPL under new legislation taking effect in 2026. Providers will be required to conduct affordability checks, obtain authorisation, and ensure clear disclosures. Consumers will be granted section 75 protections under the Consumer Credit Act. Australia: The Australian Securities and Investments Commission has introduced legislation bringing BNPL under the National Consumer Credit Protection Act. From mid-2025, providers must hold a credit licence, conduct responsible lending assessments and comply with disclosure obligations. These requirements are tailored to balance innovation with consumer protection. US: The Consumer Financial Protection Bureau has classified BNPL loans accessed via digital accounts as 'credit cards', triggering protections under Regulation Z. Dispute resolution, refunds and chargeback rights are now part of BNPL transactions, although industry litigation may reverse this. These models demonstrate that proactive regulation, coupled with flexibility, is essential for managing BNPL risks. Comparative legal analysis of South Africa South Africa's current dual-regulator model (the NCR and FSCA) is ill-equipped for the digital fragmentation of modern finance. The lack of a clear BNPL regulatory framework stands in contrast with jurisdictions where regulators have already expanded definitions of credit to include BNPL explicitly. Key takeaways include: The UK's reliance on disclosure and licensing. Australia's focus on credit licenses and suitability assessments. The US approach of function-over-form classification (if it behaves like a credit card, it is regulated like one). The hope is that the Conduct of Financial Institutions Bill will reconcile institutional gaps and avoid regulatory arbitrage by expanding statutory definitions and enforcing consistency. Fintech partnerships and platform liability BNPL services are frequently integrated directly into online retail platforms via application programming interface partnerships. This embedded finance model raises questions of liability, especially when the BNPL provider operates outside the regulatory net. In South Africa, it is unclear whether a platform offering BNPL at checkout could be deemed to be providing or facilitating credit under the NCA. Retailers and marketplaces must consider whether they are indirectly exposing themselves to liability or reputational risk, especially if their BNPL partners engage in misleading conduct, impose unlawful fees or collapse without notice. Globally, regulators are beginning to scrutinise not just BNPL providers, but also the platforms and merchants who offer such services. The UK's Financial Conduct Authority, for example, has signalled that contractual and operational accountability may extend beyond the primary credit provider. South African platforms should pre-emptively assess their BNPL partnerships through the lens of operational risk, consumer protection and reputational resilience. Digital identity and affordability in a credit-light economy One major challenge for effective BNPL regulation in South Africa lies in consumer verification and affordability assessments. Without a robust credit history or consistent income documentation, many consumers who use BNPL services remain invisible to traditional risk models. This opens the door to over-indebtedness, particularly among the underbanked. Future BNPL regulation must therefore account for the reality of fragmented digital footprints and low formal credit participation. There is room for innovation — open banking frameworks, mobile payment data and transactional analytics could support dynamic affordability models. However, this would require legal certainty around data access, privacy and proportional use of financial profiling. BNPL operators who proactively invest in these tools, backed by transparent disclosures and consent practices, will probably be best positioned when regulation catches up. BNPL has redefined consumer finance by promising simplicity and speed but the country risks repeating mistakes seen in unregulated microcredit booms if it fails to address its regulatory gaps. Global trends show that regulation can evolve in tandem with technology. By embracing reform and cross-sector collaboration, South Africa can lead in creating a safe, competitive digital finance ecosystem. Lerato Lamola & Anél de Meyer are partners at Webber Wentzel.

Venture capital in Africa poised for measured rebound in 2025, with South Africa leading the charge
Venture capital in Africa poised for measured rebound in 2025, with South Africa leading the charge

IOL News

time3 days ago

  • IOL News

Venture capital in Africa poised for measured rebound in 2025, with South Africa leading the charge

Following a 46% drop in African VC funding in 2023, 2024 showed early signs of stabilisation. According to internal valuation memos from Endeavor's Harvest Fund II, African equity funding declined just 2% year-on-year in 2024, totalling $2 billion (R36bn). Venture capital (VC) across South Africa and the broader African continent is entering a period of cautious recovery and renewed opportunity, after two years of contraction and recalibration. After a turbulent period in 2022 and 2023, 2024 was a year of recalibration. Now in 2025, we're seeing signs of resilience and reawakening across African venture capital. The key differentiator has been quality, due to founders who are building real businesses with disciplined capital use, strong unit economics, and scalable platforms. Following a 46% drop in African VC funding in 2023, 2024 showed early signs of stabilisation. According to internal valuation memos from Endeavor's Harvest Fund II, African equity funding declined just 2% year-on-year in 2024, totalling $2 billion (R36bn). This suggests the market may be bottoming out. Quarter four 2024 was particularly strong, driven by three late-stage megadeals - TymeBank ($250 million), Zepz ($267m), and Moniepoint ($110m) - which accounted for nearly half of the continent's total funding. While the volume of deals was still low, the return of nine-figure rounds was a key indicator that investor confidence is cautiously returning. In South Africa specifically, funding totalled $459m, which is down from prior years, but far less volatile than in other regions. TymeBank's record-setting round helped maintain confidence, and the overall investment narrative was bolstered by the country's macro stability: moderated inflation, improved energy security, and post-election momentum boosted investor sentiment. Looking ahead, Endeavor expects the market to slowly but steadily rebound in 2025. Globally, easing inflation and anticipated interest rate cuts are likely to unlock capital previously sidelined. This trend is expected to extend into Africa, though the continent still awaits its AI boom, which was the dominant driver of venture capital globally in 2024. 2025 won't be a return to frothy 2021 valuations, but it will be a year where high-quality African startups, especially in fintech, enterprise tech, and healthtech, regain their growth footing. We're already seeing founders shift their strategies and extending runway, focusing on breakeven, and selectively raising from aligned capital. Endeavor's Harvest Fund II portfolio exemplifies this trend. Across 17 companies, 2024 saw average revenue growth of 49% (4 year CAGR), driven by standout performers like Tyme, Onafriq, and Sendmarc. The fund is now fully deployed, and its successor, Harvest Fund III, secured R190 million in its first close in late 2024, surpassing initial targets and drawing in blue-chip investors like Standard Bank, Allan Gray, and the SA SME Fund. But in this cautious environment, not all capital is created equal. What we're seeing is a flight to trusted, strategic capital. Endeavor's rules-based co-investment model, backing only rigorously vetted, founder-led companies with strong inflection points, has given investors greater confidence in a period where diligence is more critical than ever. Endeavor South Africa continues to curate a pipeline of over 135 high-growth companies through its rigorous international selection process, positioning Harvest Fund III to deploy into a diversified and thoroughly validated portfolio across the continent. While macro headwinds remain, Endeavor sees African innovation as a long-term megatrend. There is no shortage of talent or ambition here. The bottom-up drivers of digital adoption, financial inclusion, and youth entrepreneurship are firmly in place. What we need now is the patient capital and partnerships to fuel the next chapter of scale. With a global network of over 5,000 mentors, deep access to capital, and a mission-driven investment thesis, Endeavor is positioning its entrepreneurs to navigate the complexities of the current cycle while building for the future.

‘You call this leadership?': DA's Liam Jacobs grills SAFA president Danny Jordaan over travel expenses
‘You call this leadership?': DA's Liam Jacobs grills SAFA president Danny Jordaan over travel expenses

IOL News

time4 days ago

  • IOL News

‘You call this leadership?': DA's Liam Jacobs grills SAFA president Danny Jordaan over travel expenses

Democratic Alliance's (DA) member of the portfolio committee on Department of Sports, Arts and Culture, has grilled SAFA president Danny Jordaan on whether he is a responsible leader, over costly travel expenses. Image: Facebook/Liam Jacobs Democratic Alliance (DA) MP and member of the portfolio committee on Sports, Arts and Culture, Liam Jacobs, who's known for his tough line of questioning, grilled SAFA President Danny Jordaan over his leadership and travel expenses. The clash occurred during a briefing on SAFA's 2023/24 annual report, which included audited financial statements and governance issues. Jacobs began his questioning by asking Jordaan, 'Do you believe in the concept of democracy? Can you please put your microphone on when you respond?' Jordaan replied, 'I'm a product of a struggle for democracy...' Jacobs continued, asking whether Jordaan respected the concept of democracy and if he understood the importance of term limits. Jordaan, who appeared caught off guard, said, 'You're asking me a question that is self-evident,' He added, 'I understand it. I was here as a member of Parliament.' Jacobs then pressed Jordaan on his long tenure as SAFA president. 'Are you aware that you are one of the longest-serving presidents of any football association on the planet?' Jordaan responded, 'It's not true,' prompting Jacobs to fire back, 'Twelve years, almost...' As tensions rose, Jordaan interjected, 'I'm still busy with my interrogation here... They must ask the questions and answer. Just order. Now he's engaging me now.' Committee Chairperson Joe McGluva intervened, urging members to allow questions to be asked and responses to follow in an orderly manner. Fellow committee member PA Marlon Daniels objected to Jacobs' conduct, particularly pointing his finger at Jordaan. 'What I witnessed here is not right. It is absolutely rude for a child to have that kind of conduct toward someone old enough to be his father,' Daniels said. McGluva then asked Jacobs to apologise for the gesture if it had occurred. 'I apologise for that,' Jacobs said. Daniels also withdrew the remark calling Jacobs a 'child.' 'I'm terribly sorry. I forgot I'm not at home where I deal with my children like that. So I withdrew...' Meanwhile, Jacobs continued with his line of questioning. 'Do you consider yourself a responsible leader?' Jordaan initially appeared hesitant but ultimately responded, 'The response was yes, Honourable Jacobs.' Jacobs then raised concerns over Jordaan's travel expenses, saying, 'In my hands, as I sit here, I have got something I know you don't think I have.' He mentioned trips, including a R131,000 trip to Ivory Coast and London, two visits to Qatar costing R56,000 and R31,000, and a trip to Vietnam for the Oceania Congress from September 29 to October 3, 2023.' 'What are we as South Africans doing in Vietnam at an Oceania Congress of an organisation that only has 13 members thousands of kilometres away?' Jacobs asked. He also mentioned trips to Cameroon for R105,574 and Morocco for R82,833, questioning the value of such spending amid SAFA's financial strain. However, Jordaan defended the Vietnam trip, saying it was related to South Africa's bid to host the FIFA Women's World Cup. 'You may know, or you may not know, that South Africa made a bid for hosting the Women's World Cup. The CEO was with me. Tumi Tlamini was with me,' Jordaan said. 'Do you have their costs there? Do you have their flight tickets there? This is a campaign.'

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store