Question
Conduct research into the roles, duties and powers of the courts in enforcing the provisions of FAIS. Examine applicable High Court judgements (which are binding
Conduct research into the roles, duties and powers of the courts in enforcing the provisions of FAIS. Examine applicable High Court judgements (which are binding on the lower courts) that have been made against financial service organizations and FSPs under each of the following scenarios :
1non-compliance with the statutory provisions of FAIS;
2.a FSP has deliberately made false, misleading or deceptive statements to a client; and
3. a FSP has intentionally concealed material facts from a client.
Write a report on your research conducted addressing the following:-
a) Indicate, from the results of your research, the nature of the redress that courts have been able to provide to aggrieved consumers.
a)Do you believe that the courts play an effective role in the enforcement of FAIS and in the protection of consumers?
b)What recourse is available to aggrieved clients?
d) How, in your view, could this function still be improved further?
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