Regional integration of financial services regulation and supervision in the Southern African Development Community

Abstract

The purpose of this research is to examine the legal and institutional framework of financial services supervision and regulation in SADC. In doing so the study will probe the various models of financial services regulation with the purpose of discerning what each model sets out to do and how, in doing so, it effectively exercises its function. This study answers the question: Is there a model of financial services regulation and supervision that is legally sound and best embraces SADC’s circumstances? The legal soundness will be extracted by examining which model achieves the main objectives of independence and accountability to the greatest extent. The first objective of the study is to discuss the structure and operations of each of the identified primary models of financial services regulation with the aim of determining whether certain cardinal administrative law principles are upheld. Secondly, it then takes a practical look at how the primary models are applied and effectively work within some of the SADC Member States. Similarly, the study’s main focus will be to discern whether the financial services regulation models are ‘tangible’ when country dynamics are introduced. Thereafter, the study reconnoitres the possibility of SADC adopting a ‘harmonised’ financial services regulator and supervisor. It is worth noting that ideal as it may be; the author has no intention of prescribing one of the primary models but merely uses them as a springboard to ascertaining the viability of a single financial services regulator and supervisor in SADC. The objective is to assess how best SADC can deepen its integration levels in this area of concern. The ultimate result may very well be that such deeper relations are not feasible or that different components from the primary models be adopted to make SADC’s ‘unique’ model of financial services regulation and supervision.