Articles
FAIS Act has failed and belongs on the ash heap of history
The complexity of FAIS regulations has imposed substantial burdens on FSPs.
19 April 2025
The complexity of FAIS regulations has imposed substantial burdens on FSPs.
Forgetting is not an option.
Governments must carefully consider whether such measures will genuinely serve the public good or exacerbate the problems they aim to solve.
Without sufficient industry expertise, the FSCA risks making regulatory decisions that are either ineffective or counterproductive.
Laws that permit a government official to decide, for example, what is in “the public interest” are anathema to the rule of law.
A constitutionally permissible procedure should not be couched in vague terms and should not give discretion to any government official.
The problems created by government-mandated deposit insurance have long been recognised by economists around the globe.