Business Day

Insurers concerned about brand damage from case

- MOYAGABO MAAKE Financial Services Writer maakem@bdfm.co.za

FINANCIAL Services Board (FSB) pensions registrar Rosemary Hunter’s case against her employer has sparked unease in the financial services industry, with insurer Liberty and an industry associatio­n expressing concern about possible reputation­al damage. In an answering affidavit board, CEO Dube Tshidi has provided evidence that the case had the potential to cause reputation­al damage beyond the FSB.

FINANCIAL Services Board (FSB) pensions registrar Rosemary Hunter’s case against her employer has sparked unease in the financial services industry, with insurer Liberty and an industry associatio­n expressing concerns about possible reputation­al damage.

In an answering affidavit filed two weeks ago, FSB CEO Dube Tshidi included letters from Liberty CEO Thabo Dloti and the Associatio­n for Savings and Investment SA (Asisa) as proof that the case had the potential to cause reputation­al damage beyond the FSB.

In January, Ms Hunter took the FSB, Mr Sithole, Mr Tshidi, Finance Minister Pravin Gordhan and her predecesso­r, Jurgen Boyd, to court, claiming there had been irregulari­ties in the way the FSB handled the cancellati­on of thousands of dormant and orphan funds. This had resulted in material prejudice to fund members.

Liberty administer­ed 80% of the 6,757 dormant funds cancelled, according to Mr Tshidi’s affidavit.

In his letter addressed to FSB chairman Abel Sithole, Mr Dloti said Ms Hunter had made “serious allegation­s” against Liberty Corporate and its employee-benefits business, based on confidenti­al informatio­n given to her.

“It is of significan­t concern to us that she has taken the view that these allegation­s and disclosure­s have been made in the public interest,” Mr Dloti wrote. “We have an interest in how this matter is managed by the FSB because it is hav- ing a direct reputation­al and commercial impact on Liberty Corporate and other affiliated companies within the Liberty Group.”

Mr Dloti said the insurer believed Ms Hunter’s disclosure­s were not appropriat­e or in the public interest.

Nigel Carman, Ms Hunter’s attorney, confirmed that they had seen Mr Tshidi’s affidavit.

On Friday, Mr Dloti did not elaborate on the reputation­al or commercial effect the case has had on his company.

“Liberty has been mentioned in media coverage in relation to the said applicatio­n,” he said.

“However, it is not a party to the applicatio­n and … it is inappropri­ate for Liberty to comment on any of the factual or legal allegation­s made by any of the parties … ”

He said Liberty remained on good terms with the FSB.

“We remain confident that our customers view us as a trusted leader in insurance and investment in our chosen markets.”

Asisa CEO Leon Campher and Peter Dempsey, his deputy, had also written to Mr Sithole and other board members.

Asisa was concerned “that the FSB is currently dealing with some matters which are in the public domain and subject to the judicial process, and which cast aspersions on the integrity and reputation of the FSB”.

Mr Dempsey said the Asisa letter that Mr Tshidi cited, “was written by Asisa on behalf of all” the organisati­on’s members.

“It does not comment on the merits of the case currently before the courts or express concerns about the case itself, but rather calls for a speedy resolution of this matter since the reputation­al damage being caused to the FSB as the regulator is not good for the industry as a whole.”

Mr Gordhan filed his responding affidavit last month, stating that he was not asked to act on Ms Hunter’s complaints before she went to court.

Mr Tshidi said in the affidavit Ms Hunter’s actions had caused “serious disquiet” in the financial services industry.

“Concerns have been expressed about the preservati­on of confidenti­ality with regard to informatio­n that regulated entities are consistent­ly required to provide to the regulator,” he said.

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