This is a blog about the curious case of the FSB, its regulatory exams, Afrikaans and a parliamentary debate on the South African National Languages Bill…
I have been reporting on, or blogging about the FSB and its regulatory exams for some time now, and it appears that the matter has been resolved, to a certain extent, in terms of the level 1 regulatory exam and the Afrikaans ‘issue’. Or perhaps not…
I received a media statement from the FSB last week, in which it attempts to correct an article that first appeared in the Beeld newspaper. In the interests of transparency, I’ve published the full statement here:
“…The FSB would like to make a correction to certain allegations in an article that appeared in the BEELD newspaper on the 25/01/12.
It is not part of the settlement between the FSB and NAIFA that the FSB will translate any code of conduct or other study material in Afrikaans. However, the FSB has decided, independently from the court case, to translate the Exam Guidelines that are currently published on its website, and to also compile a list of terminology relating to the examination.
The settlement is only applicable to the level 1 regulatory examination and not to any subsequent examinations, the language of which the FSB still has to take a decision on.
As the FSB previously announced, the level 1 regulatory examination will be made available in Afrikaans as soon as possible.
The dates on which the Afrikaans examinations may be taken will be communicated by the FSB to the industry in advance. The dates for the examinations listed in the Beeld are incorrect and misleading.
Information regarding the exams will be announced via the FSB communication-circulars to the industry, and posted on our website, and not through the public media….”
I had some questions. Specifically I wanted to know about a decision on the other official languages and the constitutional rights of those brokers operating in non-English or Afrikaans speaking sectors?
I got this response from Mr G E Anderson, the deputy registrar: financial services providers at the FSB.
“…Dear Mr Coppola,
I am about a 100% certain that you are aware that the recent Court Case, which was brought against the FSB and which was withdrawn, concerned the issue of Afrikaans. The press release of yesterday relates to that issue. Please do not correspond directly with me in future.
If you have any enquiries on any matter with regards to the FSB, you are referred to our Head of the Communcations Unit and spokesperson …”
I had a follow-up set of comments:
“…Greetings and thanks for your prompt response, Mr Anderson. So who can tell me about the other official languages that the FSB 'forgot' about, when developing the regulatory examinations? When will a decision be taken to address this matter? Surely if, in principle, the FSB has conceded on the question of Afrikaans, its not a giant leap of goodwill to acknowledge the other languages?
In steps the FSB spokesperson. “Our email refers. Let me start off by pointing out that your reasoning that the FSB somehow “forgot” the other languages is, with respect, incorrect ill-informed and ill-advised. It is also not in line with the provisions of the Constitution. It would serve you well to conduct a little research before you make such statements in future.
In response to your question, the use of language by national public entities is currently being debated in Parliament as part of the considerations of the South African National Languages Bill, which will likely be promulgated this year. When this Act is effected, the Financial Services Board will formulate its language policy as required by the law. At this point in time we anticipate that law to require the use of two of the eleven official languages.
The Financial Services Board has throughout its 20 year history acknowledged all official South African languages in many of its publications. Legislation has also been published in languages other than English and Afrikaans (you may or may not be aware that the Securities Services Act, 2004, for example, was published in English and isiZulu)…”
I left this last paragraph in, in the interests of good will.
I still wasn’t satisfied with the response. So I fired back another email: “…Is it not a fact that it was only due to public pressure and threatened legal action that the FSB conceded the point and allowed the level 1 regulatory exam to be written in English and Afrikaans.
Its also interesting that the FSB now hides behind an ongoing parliamentary debate on languages, when I ask what is to happen to brokers whose first language isn't English or Afrikaans and who have to write these exams. Will you delay the level one exams until the languages debate and vote has been completed?
I'm wondering whether the FSB concede that it made an error of judgment when insisting that exams would only be written in English, in the first place? …”
It was at this point that the FSB refused to engage any further.
And it got me wondering. If this is how they deal with a blogger, one shudders to think how they deal with individual brokers, when they question decisions and issues. Oh wait. They don’t deal with individuals, only with associations.
I would really appreciate your thoughts, because I may have missed the boat completely… or perhaps I’m being a little over-sensitive.