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ARTICLE · 07 SEPTEMBER 2023

In The Spotlight: JSE Censure Decision Under Scrutiny

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On 5 September 2023, a noteworthy legal judgement emerged from the Gauteng Division of the High Court of South Africa, situated in Johannesburg.

South AfricaFinance and Banking

On 5 September 2023, a noteworthy legal judgement emerged from the Gauteng Division of the High Court of South Africa, situated in Johannesburg.

The case centered around an individual sanctioned by the Johannesburg Stock Exchange ("JSE") for transgressing various provisions of the JSE's Listing Requirements. Aggrieved by the sanction imposed, the individual applied, under section 230 of the Financial Sector Regulation Act 9 of 2017 ("FSRA"), for a reconsideration of the decision, which had to be undertaken by the Financial Services Tribunal ("the Tribunal").

Under Section 231 of the FSRA, it is important to note that an application for reconsideration does not automatically suspend the decision sought to be reconsidered. Consequently, the individual had to apply to the Tribunal for the suspension of the JSE's decision while it underwent reconsideration. The Tribunal opted to suspend the payment of the fine the JSE had imposed, but declined to suspend the

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