In a rare public confrontation, Banxso (Pty) Ltd, a South African financial services platform, is embroiled in a regulatory and legal battle with the Financial Sector Conduct Authority (FSCA), marking one of the most notable challenges to the country’s financial oversight in recent years. The dispute indicates ongoing concerns regarding compliance, client communication, and the broader regulatory landscape affecting the country’s fintech sector.
On October 16, 2024, the FSCA provisionally withdrew Banxso’s financial services provider (FSP) license amid allegations of regulatory violations. The Authority reported its concerns to the Financial Intelligence Centre (FIC) and the Asset Forfeiture Unit (AFU) of the National Prosecuting Authority (NPA). This escalation led to the FIC freezing Banxso’s bank accounts on October 2, followed by the AFU securing a preservation order on October 14, effectively barring Banxso from accessing client funds.
However, on November 8, the Western Cape High Court reconsidered and set aside the preservation order, a decision that briefly opened a window for Banxso. But the ruling stipulated that Banxso could not withdraw or facilitate the withdrawal of any funds other than those needed to transfer clients to an authorized provider. Banxso’s license remains withdrawn, prohibiting the firm from conducting financial services or receiving client deposits.
Dispute over Client Communications and Alleged Misrepresentation
Following the court’s ruling, the FSCA raised concerns about Banxso’s alleged communications with clients. According to FSCA statements, Banxso reportedly contacted clients, implying that its FSP license had been reinstated and that it could legally resume trading activities. This assertion sparked immediate backlash from both the FSCA and legal representatives of affected clients, who view the claims as misleading.
Pierre du Toit, attorney at Mostert & Bosman, which represents clients pursuing a liquidation application against Banxso, voiced strong concerns. “It is most concerning that a number of our clients were approached by Banxso agents shortly after the discharge of the preservation order, advising that Banxso’s license had been reinstated and that trading could resume. This is a blatant misrepresentation,” he said. Du Toit confirmed that his office received numerous complaints from clients claiming they were encouraged to deposit further funds with Banxso to recoup previous trading losses.
The FSCA, too, has cited witness testimony supporting these allegations. The regulator is investigating these claims, noting that Banxso’s license has not been reinstated, and under South African law, the company cannot legally conduct any financial services or solicit deposits.
Background of the Dispute: Licensing and Compliance Issues
The FSCA’s decision to suspend Banxso’s license stems from a wider investigation into Banxso’s operations, reportedly due to concerns about its business practices and adherence to regulatory standards. Client grievances have added fuel to the fire, as many allege they were lured to Banxso by fake advertisements featuring prominent South African and international personalities. These ads, featuring figures such as billionaire Johann Rupert and tech entrepreneur Elon Musk, reportedly directed individuals to Banxso, where losses mounted. To date, approximately 260 clients have come forward, claiming combined losses exceeding R160 million due to these misleading advertisements.
In court filings, Banxso has argued that it made efforts to address client complaints, including reimbursing a collective R14 million to affected customers. However, attorneys for affected clients assert that many more individuals incurred losses due to the fake advertisements, with no recourse offered. Du Toit’s firm alone has registered over 150 clients in the liquidation case, representing claims totaling R181 million.
Liquidation Proceedings and Next Steps
The dispute is now set to culminate in a liquidation hearing scheduled for December 4. The FSCA has been named as a respondent in the case, while Banxso faces continued scrutiny. Under South African law, liquidation proceedings typically determine the financial solvency of a company, a process that could see Banxso’s remaining assets liquidated to satisfy creditor claims. If successful, the case could become one of the largest liquidation applications to result from compliance and advertising disputes within the South African fintech industry.
A Broader Concern for South African Regulators
The FSCA’s intervention, along with those of the FIC and AFU, highlights the regulatory challenges posed by fintech firms that operate on the fringes of financial compliance. As South Africa’s fintech sector expands, authorities are increasingly scrutinizing firms to ensure they uphold client trust and adhere to legal standards. The Banxso case, in particular, has drawn attention to how regulatory gaps may expose clients to substantial risks, especially when digital advertisements blur the lines of compliance and consumer protection.
For Banxso, the outcome of the December 4 hearing, combined with the findings from ongoing investigations, could signal a turning point. The company released a statement following the preservation order’s reversal, asserting that it “remains focused on its clients, employees, and suppliers” and is “committed to operating within the regulatory framework.” Banxso also acknowledged the court’s restrictions on fund withdrawals and affirmed its intention to facilitate client transfers to other authorized financial service providers.
The FSCA’s investigation remains active, and further findings could shape regulatory responses for South African financial services providers going forward. For now, Banxso’s saga offers a rare glimpse into the complexities — and potential pitfalls — of fintech regulation and underscores the importance of clear compliance for companies seeking to build trust in a highly competitive sector.