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CONTENTS
COVER JANUARY 2014
50
JANUARY 2014
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Mortality in the game industry 76
Risky behaviour and your clients 77
FINANCIAL PLANNING
ON THE COVER
Hedgefunds at a glance 73
The views expressed in this magazine do not necessarily represent those of its
owners, publishers or editorial staff. Editorial contributions sent to COVER are
Subscription rate: R470 per annum in South Africa. subject to editorial change to suit the style of the magazine. All manuscripts,
Other rates on application. photographs and other similar matter are accepted on the understanding that no
loss or damage is borne by the publisher, the editor or their personnel.
2 COVER JANUARY 2014
EDITOR
Tony van Niekerk
tony@cover.co.za
EDITORIAL
TECHNOLOGY Annetjie van Wynegaard
annetjie@cover.co.za
Addressing retirement industry issues 81 Taryn Kerr
taryn@cover.co.za
Publisher
LEGAL COVER Publications
Postal address
P O Box 2030
Sun Valley, 7985
Advisory Committee
Carel Nolte, Viviene Pearson, Kalim Rajab
() 2014
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise, without the prior permission of the publishers. Any unauthorised reproduction of this work will constitute
a copyright infringement, rendering liability both under civil and criminal law.
4
ISN 1013-1507 COVER JANUARY 2014
Ring in the
STEPPING OUT FOR GROWTH
Its no wonder then that local companies are looking
to other emerging markets for their future growth
initiatives, with especially East and West Africa showing
changes
huge potential. Over the past few years COVER has
steadily been building its own network across the African
continent, tying up with industry associations and
individual companies. This has culminated in the first
African Insurance Distribution conference taking place in
2011 and now, three years and three conferences later,
The financial services sector has been under a lot of
two regional seminars in Ghana and Kenya. Through
pressure from a variety of fronts over the past five
these seminars we are hoping to provide a platform
years. Firstly, the financial, and more specifically the
where global companies can connect with local players.
banking sector has been carrying the blame for the
Look out for more detail on these and other initiatives
financial crisis that hit the world round about August
that we will be hosting in 2014.
2008. The barrage of regulation that followed included
the insurance and financial planning sectors. This CHANGE IS CONSTANT
resulted in the industry not only having to deal with the On page 106 and 107 of this issue we also bring you
financial slump, but also with escalating costs brought news of interesting developments taking place at COVER.
about by the increased regulation. Our well-known and much-loved Associate Editor, Kim
Forbes, decided to spread her wings in December to join
In our annual Industry Outlook feature, we can clearly
a financial planning company. Kim has been a fantastic
trace many of the dominoes back to 2008. However, as
asset, colleague and friend at COVER and within the
psychologists and the odd self-help book will tell you,
industry as a whole. While we at COVER are sad to see
crisis creates room for change as it focuses introspection
her go, we are glad the industry retained her.
and revitalisation. Storms expose weaknesses and shakes
out the dead wood. In my opinion, the local financial To ensure our readers and advertising clients benefit
industry has certainly made the most of the crisis and from the various changes in the media world, the rise of
the resultant storms. social media and the vast opportunities offered by digital
channels, COVER appointed two young qualified people,
Realising the benefits of all the changes and sacrifices
with digital media experience. This will strengthen our
that have been made is however being complicated by
partnerships within the industry and will bring fresh and
the inability of our government to lift the economy out
stimulating media ideas to the market.We look forward
of the 2% growth headlock that we are in. It is highly
to exploring, experimenting and executing exciting
frustrating that South Africa seems to miss out on every
campaigns with you in 2014.
opportunity offered to us by global economic changes.
When the rand was strong, we had long announced a
trillion rand plus infrastructure spend, and only now,
with the rand being under severe pressure, do we want
to start that spend. The rating agencies are rightfully
criticising us because of our budget deficit, negative Wishing you all a fantastic
year of fullled dreams. Tony
Balance of Payments, and increasing inability to execute
on stimulus plans that look really great on paper.
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Industry trends to look out for by Andrew Bradley, Sustainable protability demands tightening of
CEO of Old Mutual Wealth belts by Pierre Geyer, MD, Hollard Select Brokers
& Underwriting Managers
Client-centricity needs skills and innovation by Jay Outlook for industry bodies
Naidoo, Divisional Director, Entrepreneurs Division,
Liberty Retail Sales Quo Vadis the IISA in 2014 by David Harpur, CEO,
IISA
Outlook for intermediaries The SAIA perspective by Barry Scott, Chief Executive,
SAIA
What can we expect in 2014 within South 2014: FPI continues to add value to its members by
Africa? by Anton Roux, CEO of Aon South Africa David Kop, FPI Senior Manager, Policy and Research
Investments and
customer groups and targeted
accordingly. Communication must be
financial planning
clear and explicit. Customers must
receive suitable advice based on their
circumstances. We also have to deliver
Industry trends to look out for on our promises and eliminate any
post-sale barriers to change products,
switch providers, submit a claim or
make a complaint. TCF is about making
sure clients understand exactly how the
advice or products they have purchased
meet their needs and expectations
and what they are paying for, and
why. It will create a greater level of
accountability in the industry.
The Financial Services industry and knowing that investment decisions For new businesses, many platforms
were made based on a specific desired are offering clean prices from which
is evolving, with a greater focus
outcome, mitigates some of the risk rebate and financial planner fees are
on client-centricity, transparency of short-term thinking and irrational not paid. These will be paid separately
and a changing regulatory and investment behaviour. and explicitly by the client. Improved
technological environment. There transparency means that clients
This is also highly in line with Treating know exactly how much they are
are a number of trends likely to Customers Fairly (TCF). paying to invest in funds from the
remain strong: outset and throughout the life of their
TREATING CUSTOMERS FAIRLY
investments. Understanding costs will
A MOVEMENT TOWARD ADVICE- A pertinent theme is an even greater
be easier, as the clear breakdown
LED WEALTH MANAGEMENT move toward client centricity. While
of fees will make comparing fund
The complexity of this industry means this has gained momentum in the
a greater emphasis on well-informed industry over the last few years,
financial advice to ensure clients needs with the introduction of TCF, clients
are appropriately met. The challenge will now start experiencing some of
is to ensure that the product being the benefits. Its aim is to increase
considered is appropriate for a specific consumers confidence in the
individuals needs. Without having financial services industry by raising
a fairly good understanding of the the standards of business activities
financial structures and complexities, and introducing changes to the way
clients will not get a financial product financial services businesses currently
appropriate for their specific needs. operate.
A very strong trend, certainly one that These activities will be regulated by
weve taken great heed of, is the move six fairness outcomes, demonstrably
toward advice-led wealth planning. The delivered by regulated financial
typical product-led approach assumes institutions. This will be a major focus
clients fully understand the extent of point for businesses over the next few
how products work and what they years, as they get their processes fully
can and cant do for them. This is not in place. Not only must fair treatment
always the case. With an advice-led of customers be central to the entire
approach, the conversation starts with culture of the business, but products
the lifestyle goals of the client and all and services marketed and sold in ANDREW BRADLEY,
investment decisions are made based the retail market must be designed CEO of Old Mutual Wealth, a future fit
on this. Keeping the end-goal in mind, to meet the needs of identified advice-led wealth business
Wealth and Investment Management a holding division of Authorised Financial Service and Credit Provider FSP Numbers: 522; 523; 524; 552; 22877 - NCA NCRCP7; NCRCP68
management costs between providers retirement. Working groups within break points. So, a major trend is
much simpler. Clean fees will certainly financial services businesses are convergence, in other words, one
become a buzzword. starting to gear themselves towards solution that works across all platforms.
ongoing monitoring, identification of
RETIREMENT FUND REFORM opportunities and influencing of future Further, once again, is leveraging
BUSINESS PLANNING developments in this regard. These will technology to create simpler ways
The Financial Services Board in be a strong theme going forward. of doing business and enrich the
South Africa released an Intermediary client experience online. It is key
Remuneration Review discussion TECHNOLOGY FOR GREATER for businesses to create an enabling
paper last year. The Minister of SIMPLICITY experience for financial planners by
Finance described it as being aimed With clients desires for greater providing innovative online tools.
at promoting household savings and simplicity is the move toward digital These should focus on enabling them
reforming the retirement industry. platforms. Over the last decade it has to undertake financial planning and
Some of the issues covered include evolved from WAP, to mobile sites modelling online, do straight-through-
improved governance over pension and now to responsive design sites processing and provide relevant
funds, ways to improve preservation websites that scale their size depending reports, graphs and information to
of retirement fund assets and to on the device youre on: PC, tablet or inform discussions, among other
ensure higher levels of income in phone. These are the typical industry things.
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Within the local financial services South Africa may follow the UK
sector, we can expect muted growth example and ban commission
of the industry pie. There are signs of payments to advisors.
increased corporate borrowing, though
credit extension to consumers remains In the corporate sector, we see
under pressure. structural change to enhance
service delivery to clients. Retail and
Growth may prove fragile. Constraints institutional banking services are being CRAIG PHEIFFER,
and uncertainties are at least as separated or realigned to achieve Head, Private Client Asset
evident as potential growth drivers. sharper focus on the needs of specific Management at Wealth &
Toward year-end, the JSE was trading categories of customer. Investment Management, Absa
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Diversification is another opportunity. pullback is a blow to the investment I expect asset management firms to do
Those with an offshore capability industry, but if wealth is protected well that have a proven reputation for
and reach across Africa are well and relationships are strengthened by in-depth fundamental research and the
positioned to grow volumes when local well-qualified advisors, the long-term ability to uncover hidden value. Their
uncertainties inhibit the prospect of effects are positive. skills will be in demand.
significant domestic market growth.
Product development might also
INSIGHTS ON LOCAL AND GLOBAL THE MARKET FAVOURS STOCK- be expected in areas where some
INVESTMENT INDUSTRY PICKERS. SECTOR PLAYS ALONE uncertainties can be removed. We may
The JSE hit a succession of new WONT PROVIDE OUTPERFORMANCE. see further innovation in commodity
highs late in the year. The Dow exchange traded funds. An ETF linked to
has also been on a strong run and the resources sector enables a simple play
other markets have been buoyed CONTINUED GROWTH? on the rand price of the metal without
by continued asset-buying by the When uncertainty prevails, the most worrying about labour and safety issues at
Fed. With stocks so high, a degree potential probably lies in areas where a particular mine. Uncluttered investment
of caution is indicated in 2014. Any investors feel a degree of comfort. propositions could have substantial appeal.
A flicker of hope
DR ADRIAN SAVILLE,
CIO of Cannon Asset Managers, offers
his thoughts on the outlook for 2014.
Capital credibility
Street credibility
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2014/01/10 09:16
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Industry Outlook
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Sustaining profitability within functions. TCF will also drive significant Given that insurers are becoming
improvements in the quality, service increasingly prescriptive in their claims
short-term insurance companies
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will demand that companies and consumers. down average claim costs, customer
boost their focus on procurement experience and lower premium
Broker consolidation is likely to increases are also likely to be a
and claims cost management continue apace in 2014 and there are characteristic of the market in 2014.
into 2014 as the industry a host of factors behind this, including
contemplates the hardening of fierce competition, aggressive new Insurers are embracing telematics - the
entrants, a continuing loss of skills integrated use of telecommunications
rates.
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and claims), increasing compliance, technology (ITC) to monitor driver
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the constant striving for greater innovation will ultimately influence the
homes, have caused underwriters to
efficiencies. extent of cover we are able to provide,
re-examine their claims management
and the price at which that cover can
capacity and cost controls in disaster From an insurer perspective, the be provided.
scenarios. business opportunities presented
by social media platforms and the Insurers are being attracted to the new
The industry is also focusing heavily
ability to use smartphone technology markets, higher top line growth and
on risk management, driven by risk
are immense, and we are likely to greater underwriting margins offered by
improvement measures to ensure the
correct placement and comprehensive see insurers increasingly using these the direct model. Brokers are trying to
cover for policyholders. platforms to enhance their customer counter this threat by securing binder
service. We have already seen a and outsource arrangements so that
The year ahead will be characterised number of players invest significant time they can own and manage more of the
by growing engagement on regulations, and money in developing insurance insurance value chain and eliminate
particularly those relating to binders apps that provide claims reporting and some of the inefficiencies they perceive
and the fees paid to outsourced incident management assistance for in the conventional space.
intermediaries performing insurer brokers and policyholders alike.
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January, the month in which we
publish our Industry Outlook,
is usually a good time to select
one or two companies for IT IS A TOUGH TIME,
individual feedback on their 2014 WITH HEAVY PRICE
outlook. This year, I visited Peter
Gordon, a member of Lombards COMPETITION AND EXCESS
executive team. Peter updated CAPACITY IN GENERAL.
me on his views of the current
state of the industry and what
Lombards plans are for 2014.
Another challenge is the regulatory
IT IS GENERAL KNOWLEDGE THAT environment. The intention of the
THE SHORT-TERM INDUSTRY IS regulations is positive, but the rush
CURRENTLY UNDER IMMENSE of regulations coming through in the
PRESSURE. WHAT IS YOUR TAKE ON context of a competitive environment
THE CURRENT CONDITIONS AND is difficult to manage. We need
HOW ARE YOU NAVIGATING THE to understand fully what the real
CHALLENGES? the risk accurately, price appropriately, intentions and requirements are,
It is a tough time, with heavy price defend good sustainable business then deliver on those in a simple and
competition and excess capacity in and let go off business that is sub- effective way. Success lies in finding
general. We will seek to underwrite economically priced. simplicity in the complexity.
REGULATORY REFORM
There will be no abatement to the
current volume and pace of regulatory
reform the industry is currently dealing
with. Remuneration issues earned by THERE WILL BE NO
parties within the value chain (that
is, binder regulations and the like) ABATEMENT TO THE to facilitate many of these projects.
will continue to be a big focus next As the local people benefit from this
CURRENT VOLUME AND PACE
year. This includes the principles economic development, opportunities
of TCF (Treating Customers Fairly), OF REGULATORY REFORM THE abound to sell insurance products.
which should be operational among all
INDUSTRY IS DEALING WITH. Factors that may have a negative
industry participants by now.
impact on the insurance industry
CONSTRAINED GWP [GROSS include:
WRITTEN PREMIUM] GROWTH
With the global economic outlook Factors that may contribute to the INCREASED LABOUR AND
still uncertain, consumers, individuals, growth of the insurance industry POLITICAL UNREST
and commercial entities will continue include: Destruction of assets, and loss of
to face tight financial constraints. production and incomes, among others,
ACCESS TO AND DEVELOPMENT OF
Locally, with it being an election year, will all have a negative impact on
PRODUCT FOR THE UNINSURED
and our political landscape in a very insurance industry participants.
MARKET IN SOUTH AFRICA
dynamic state of affairs, we are likely
Current insurance penetration rates are CRIME
to experience very high degrees of
still extremely low in southern Africa. Crime levels are on the rise, and the
labour and political unrest. Neither of
But there has been a marked increase target is people and/or entities that
these will be conducive to a stable
in the economic status of many South have assets that are typically insured.
exchange rate, and will also not attract
Africans, all of whom are potential first This will continue to drive upward
fixed investment by South African or
international investors. time buyers of insurance products. losses, and costs thereof will need to
be imposed upon an already stretched
More industry trends we can expect to THE CONTINENT OF AFRICA consumer.
see next year include the following: As a continent, Africa is high on the
agenda of international investors who Centriq is very excited about the
SHAREHOLDER ACTIVISM are looking to unlock its resources current dynamics within their niche
Given the more recent poor returns and the vast wealth of opportunities space of being a cell captive insurer
achieved by many insurers and associated with developing these with a focus on the UMA business
reinsurers, shareholders are now duly economies. South Africans are well model, brand affinity, and alternative
assessing comparative investment positioned to capitalise on this growth risk transfer insurance solutions, as well
opportunities. This is likely to lead to a as insurance expertise will be required as the insurance industry in general.
Key focus areas for the company next have left the growth plans largely to be adding to that in the coming year.
year include: determination and financial constraints As such, we look forward to evening
of our UMA partners. But we will now the playing fields in this space.
UMA PORTFOLIO INVESTMENT continue to actively engage our UMA
AND GROWTH partners to invest in their organisations Overall, Centriq will continue building
Centriq Insurances big push in 2014 for growth. and entrenching our already strong
will be adding to our portfolio of brand across the industry sector for the
UMAs, including start-up UMAs. We ALTERNATIVE RISK FINANCE benefit of Centriq and our loyal and
are also determined and committed to PRODUCT EXPANSION valued business partners.
seeing all our UMAs grow exponentially Weve got a new leadership team
in the coming year. In the past, we running our ART business unit, and will
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FISA
2014
FISA in 2014:
Professionalising fiduciary practice
The Fiduciary Institute of University of the Free States Centre for
Southern Africa (FISA) was Financial Planning Law (CFPL) and have
formed in June 2008, and has been benchmarked at the NQF level of
a Bachelors degree. The CFPL also plans
its origins in the Association of
to offer an Advanced Diploma in Estate
Trust Companies, a prestigious and Trust Administration from 2015.
body founded in 1932 to
Achieving FPSA status testifies to
represent the interests of trust the fact that the person has attained
companies and their clients. a level of knowledge and skill that
justifies distinction as a professional in
In June 2008, membership of FISA the fiduciary field. It also indicates that
was broadened to include anyone the person is aware of and committed
active in the broader fiduciary industry. to the ethical principles that the
FISA actively invites membership public at large can expect of someone ANGELIQUE VISSER,
from individuals who meet its entry entrusted to manage the affairs of Chairperson of FISA
requirements, be they from a legal, another who is not in a position to do
accounting, financial planning or other so.
background. In this way, FISA aims
to assist in transferring skills to the The FPSA will replace the previous members to earn points through
broader industry as well as to set and certification system that FISA adhered various activities, including attendance
maintain high ethical standards. to. All existing certifications will cease at conferences, seminars and regional
to be recognised after 31 December meetings, as well as writing articles for
PROFESSIONAL EXAMINATION 2017, when all FISA members will fall publication.
FISA has the outspoken aim of lifting into one of two categories: those with
professional and technical standards FPSA status, and those without. CONCLUSION
among fiduciary practitioners. In FISA has continued to grow members
2012, it introduced the examination CONTINUING PROFESSIONAL at a very pleasing rate. We believe
that entitles successful candidates to DEVELOPMENT we add real value to our members
apply for the professional status of As part of the professionalisation of professional lives and we look forward
Fiduciary Practitioner of SA (FPSA). the fiduciary industry, in 2013 FISA to continuing this into 2014 and
The examinations are run through the introduced a CPD system, allowing beyond.
Some 800 CFP professionals investing South Africa is a different profession The RDR discussion is running parallel
over 17 000 pro bono hours; to that of the UK and Australia. We to the above. At the recent FSB
have both a first world and third Regulatory Seminar, Jonathan Dixon
MY MONEY 123 programme receiving world economy. It is therefore not presented on the FSBs thinking thus
rave reviews and attention; and possible to exactly emulate what has far. We are encouraged to see that
been done in those jurisdictions. We there is acknowledgement by the
A stronger and growing media are engaging with the regulator to Regulator that the value that financial
coverage reach - over 4 million ensure that any legislative changes planners add to the industry is not
potential consumers. take the above into account and that always recognised, and that advice is
the profession will be sustainable not remunerated. This indicates that
In 2014, we aim to intensify our and be able to deliver on our vision there is a holistic view being taken as
consumer campaign by: opposed to the more common, narrow
Professional Planning for all;
Providing printed and downloadable focus on costs.
The anticipated legislative changes
consumer toolkits;
will require a change in the way that We continue to work closely with the
Developing and delivering more financial planning businesses are run. FSB and other Regulators to ensure
specialised pro bono programmes, We will be supporting our members that the proposed legislative changes
suited to middle income and high net with tools, guides and events to protect both the professionals as well
worth audiences. assist with practice management. as the consumers that we serve.
Insurance and services provided by member companies of American International Group, Inc. Coverage may not be available in all
jurisdictions and is subject to actual policy language. For additional information, please visit our website at www.AIG.com.
2013 in numbers
$44bn
Insurer cost of natural disasters
151
Number of road deaths
over one weekend in 2013
2.9%
Global GDP growth in 2013
$130bn
Total economic loss from
disasters
40% (1950)
25000
Number of lives lost in
R13.19
Price of a litre of 95 Octane
to 60% (2013)
Percentage of all countries
natural disasters fuel on 31 Dec 2013 that are democratic
300 000
Total number of students at UNISA
deadly road accidents
in December 2013
12.3m
Kids in school in 2013
44.34%
Increase in JSE trades from 2012
95 672
Grade 12 learners
R3.97tn
Total value of trades on the JSE
Independent
and reliable
financial advice
endangered?
Transformation of the financial planning industry has been going on for more than a decade now, having
mainly started with the advent of the FAIS Act. When we compare the industry of ten years ago with what
we have, it is clear that we have seen major structural change. However, there is a lot to do and change is
happening slowly.
Besides regulatory challenges, financial planners also face major market challenges, demographic and socio-
economic pressures within their target markets as well as innovation that challenges their paradigms. One
of the daily challenges faced by financial planners is the range of products available on the market, and how
to compare the benefits fairly.
This leaves the financial planner with the challenge of advising on a product with which he or she is
unfamiliar. What follows is that financial planners may struggle to get information on clients policies and
benefits from product providers with whom they have no contracts.
For this feature, COVER asked some financial advisors how the sector should be dealing with these
challenges, the failure to do so which suggests that impartial and skilled advice is unsustainable.
Change is inevitable:
now how do we deal with it?
In January last year, my future, and rebates are soon to be
colleagues and I sat down regulated against. Transparency is
key! As an industry, we need to see
to discuss and write our what we do through the eyes of the
annual business plan. We consumer to assess what is fair and
tried to anticipate where the reasonable.
environment is heading due to INDUSTRY READY FOR THIS
the wave of consumerism now CHANGE?
upon us. Those fighting against It seems not. Advisors have not been
this impending force, rather anticipating these changes. Moving away
from upfront commissions towards fee-
than using it to their benefit, based remuneration (which means on-
are making a mistake. going fees from investments) has been
far too difficult a transition to make for BARRY OMAHONY,
The regulators have informed us that most advisors. However, there has been FPI Financial Planner of the
upfront commissions on investments a considerable number of CERTIFIED Year 2013 and Founder of
will effectively disappear in the near Veritas Wealth Management
FINANCIAL PLANNER professionals at
the top end of the market who have needs to consider the consequences
already established themselves and who of its actions before moving
are ready for this change. forward. We at Veritas Wealth
believe passionately in independent
As an industry, we must consider if advice.
there is a certain level in our society
that we just cannot service fairly. If this
is so, then we as an industry need to
talk to government about appropriate
solutions. Indications coming from
government are that they are going to
introduce some form of product in the
retirement area and at a discretionary
savings level. This means that,
effectively, no advice will be needed in
this market.
The FPI, with the broader financial Street activations also take place
services industry, uses its annual at intersections where information
Financial Planning Week to introduce around financial planning is shared and assessment of each persons financial
financial planning to consumers as a memorabilia handed out. Paramount risk tolerance. The risk tolerance test
way of improving their finances. Our to the FPIs objectives is to ensure is provided by FinaMetrica, world
industry is accountable for ensuring financial planning becomes an integral leaders in scientific risk tolerance
that citizens are equipped with the part of the life planning process. Too testing. Their system is used by leading
necessary financial knowledge, often people make commitments financial advisors in 23 countries in
understanding and tools to transform that involve money without preparing seven languages. More than 700,000
their dire financial situations and create a plan and this has negative FinaMetrica risk tolerance tests have
their own, self-sufficient and financially repercussions. been completed.
secure future.
The Institute of Behavioural Finance, in Once completed, the results of
Introductions to financial planning take conjunction with the Financial Planning this report is then discussed with a
place in the form of free consultations Institute, offers a free, scientific financial planner/advisor offering a
with CERTIFIED FINANCIAL PLANNER free consultation during the Financial
professionals who conduct an in- Planning Week.
depth financial analysis and chart a
way forward based on the verdict Prem Govender, CFP, FPI Chairperson
reached. This is coupled with financial concludes, The collective involvement
of the financial services industry
displays a momentousness shift in our
consumer financial literacy drive. The
industry is well aware of the fact that
large amounts of South Africans have
RECENT RESERVE BANK
their backs against the wall in relation
STATISTICS SHOW THAT to indebtedness and need solutions.
*continues on p58
TA K I N G P R I D E I N W H AT W E D O
management
Partner at REZCO Asset Management
WINDALL BEKKER,
The complex financial needs Diversification is a key element of the that hold and protect their wealth
strategy that high net worth individuals are quite valuable. Many people are
of high net worth individuals,
should have in place. Because they heavily invested in the markets, and
coupled with the challenging can generally take on more risk than so the value of their wealth is highly
economic markets that investors less wealthy investors, high net worth correlated to the markets performance.
need to navigate, highlight the individuals can invest in a more diverse
set of products. These could include Because of these variables, wealth
need for independent financial can be eroded over years, and if
hedge funds, property syndications,
advisors (IFAs) who are familiar private equity deals and structured
not managed correctly, individuals
may reach retirement and not be
with high net worth strategies. products.
able to afford the same luxuries
High net worth individuals like and the lifestyle to which they were
There are different ways of categorising
to know that they are protected high net worth individuals and that, accustomed during their working
against market drawdowns while in REZCO Asset Managements view, lives. These high net worth individuals
this could be an individual with assets need to have certain strategies and
at the same time participating risk management elements in place
greater than USD 1 million. However,
when markets rise. one should also consider liquid and
to ensure they are following an
investment strategy appropriate to their
illiquid assets; for example, someone
Usually, once high net worth individuals age, their investment goals and the
might think their house is worth R5
have made their fortune, they look amount of risk they are willing to take
million, but the market may pay only
to protect what they have for their on at any given moment.
R2,5 million at a certain point in time.
familys financial security and for their
retirement years. The smart ones Due to the asset not being valued The role of the independent financial
generally realise when they have often, it is often challenging to gauge advisor is therefore very important, and
enough capital, and dont put all their the actual level of wealth. Another trust in this relationship is paramount.
existing asset base at risk to try and indicator of being a high net worth If trust between the client and his or
make more. individual is someone who needs to her independent financial advisor is
establish a family trust to protect their broken, it is a bit like a marriage: very
They like to know that their strategies personal assets. hard to move forward together once
protect them against market more. There are many highly regarded
drawdowns, while at the same time A number of people are actually quite IFAs with long track records and loyal
allowing them to participate when wealthy but without the conspicuous customer bases. Clients must make
markets rise. In essence, this strategic consumption that goes with it. Many sure that they know who they are
combination firstly protects what they wealthy people have family trusts appointing to be their IFA and that
have, and secondly assists them in to protect their assets. This means they have the appropriate technical
accumulating more without putting too that, as individuals, they might not skill sets and abilities as they begin the
much at risk. be that wealthy, but the family trusts relationship.
Communicating bigture
of investments avoids
damaging financial decisions
South Africas ailing exports that are heavily dependent on energy, NICKY WEIMAR:
like the mining and manufacturing Senior Economist at the Nedbank
and production industries Group Economic Unit and
sectors.
has thepotential to send VUYO NOGANTSHI,
Against this backdrop, negative news Head of Institutional Business at
overwhelmingly confusing Nedgroup Investments (pictured)
headlines can also prompt investors
signals to local investors. to change their investment decisions
Communicating the effects irrationally, which could have a
of short-term market shocks devastating effect on their retirement
savings.
and hype to retirement fund
members - who need context
of the big-picture economy - is
crucial to avoid panic that may INDUSTRIES THAT ARE HOLDING
potentially lead to members
THE ECONOMY BACK INCLUDE
changing between investments,
THE MANUFACTURING AND
negatively impacting their long-
MINING SECTORS AND UTILITIES.
term plans to retire comfortably.
retirement income
Development at
PPS Investments
Let us help you to enhance your clients financial wellness and safety
in 2014!
Many financial planners, and the Without taking any other factors into in which it was realised by the trust.
consideration, one would therefore Many trusts have beneficiaries that
general public, have expressed
pay more than double the CGT in a include another trust. If the gain passes
concern regarding when and to family trust than if you held and sold to another trust first and then to an
what extent they or their trust the assets in your own name. Enter the ultimate beneficiary of the second
is liable for capital gains tax conduit principle. trust, the higher effective tax rate
applies.
(CGT). Knowing the different tax DISTRIBUTING THE GAINS FROM
treatments will assist in choosing THE TRUST TAX SAVINGS VERSUS PROTECTION
The conduit principle with regard The main purpose of a trust should
how to structure your estate and
to trusts has been written about be the protection of trust assets
trust more effectively. extensively and is also at the centre of and beneficiaries interests, and any
National Treasurys proposed changes possible tax savings should receive
In this article we highlight some of the to the taxation of trusts. In simple only secondary consideration. If capital
most important differences in CGT terms, income or gains that are realised gains are vested in a beneficiary, the
from either a trust or an individuals inside a trust, can 'flow through', or be protection that the trust offers on the
perspective. distributed to the beneficiaries of the portion that is vested falls away. If the
trust, while retaining the nature of the gain is distributed, there might be a
TAX RATES AT A GLANCE
income. temporary tax saving, but if the gain
As most people are aware, a normal
vests in the beneficiary, it becomes
trust is taxed on all taxable income at a This means that dividends received an asset in his or her estate and is
fixed rate of 40%, whereas individuals get passed on as dividends and open for attachment by creditors and
earning above the threshold are taxed taxed as dividends, that interest ex-spouses, as well as increasing the
at their personal marginal rate, ranging earned and distributed gets taxed as estate value for estate duty purposes.
between 18% to 40%, and qualify for interest, and that capital gains that Trustees should therefore consider
certain exemptions and rebates. are distributed get taxed as capital all the implications before taking this
gains. These amounts are then taxed route merely to potentially save on
in the hands of the beneficiaries and CGT.
not the trust. The fact that the nature
of the income is also retained is very OTHER CGT CONSIDERATIONS
important, as natural persons receive Many people with family trusts received
certain exemptions, exclusions and/or advice years ago to transfer their family
WHEN A CAPITAL GAIN IS rebates on certain items and get taxed homes into their trust. This was done
REALISED WITHIN A TRUST, differently. at a time when trusts were slightly
66,6% OF THAT GAIN HAS TO more tax efficient than they are today
BE INCLUDED FOR INCOME In terms of paragraph 80 of the Eighth and before SARS started removing
TAX PURPOSES (TAXED AT
Schedule of the Income Tax Act, where any tax advantages that trusts might
a capital gain is vested in a beneficiary have had. One of the consequences of
40% AS STATED), EFFECTIVELY
of the trust, the trust will not have that SARSs current treatment of trusts is
MEANING THAT A TRUSTS CGT
gain included in its own tax calculation, the exclusion of the primary residence
IS 26,7%. A TRUST HAS NO but it will be taxed in the hands of the rebate. An individual who sells his
YEARLY EXCLUSION. beneficiary. primary residence does not have to
include the first R2 million of any
This means that where a trust deed
gain made, but only if it meets the
authorises the trustees to do so, the
requirements set out - one of these
trustees are able to distribute the
being that the property had to be
capital gains of the trusts, vesting it
registered in the individuals name.
in the beneficiaries. It is also possible
Having your primary residence inside
Individual taxpayers who make a to distribute the gains to multiple
a trust will mean that any gain made
capital gain will be able to exclude beneficiaries, each paying at their
on the sale will have to have all of it
R30 000 of any gains in a year (or assumed lower marginal tax rate and
included or distributed.
R300 000 in the year of death) and each having their own annual exclusion
will include 33,3% of the remaining of R30 000. Substantial capital gains CHANGES TO THE LAW?
gain for income tax purposes. The gain tax savings can thereby be achieved. During this years budget speech, the
will be taxed at their specific marginal Minister of Finance alarmed people
rate (between 18% and 40%), which To achieve savings of this nature, the
when it was indicated that government
effectively means that an individual will capital gain has to be allocated to a
was looking at various changes to tax
have a maximum CGT rate of 13,3%. resident natural person in the year
law regarding trusts to prevent what
**ACE Travel Insurance is issued and underwritten by ACE Insurance Limited (1973/008933/06), a registered Financial
Services Provider (FSB 00060/01 FAIS 27176). Inall instances the terms and conditions of the policy wording apply.
ACE only provide general guidance (advice), and do not consider your objectives, financial situation or needs.
Untitled-1
0007-ACE 1 corporate Print ad_Umbrella.indd 1 2014/01/10
2013/11/06 5:28PM
4:23 PM
Financial Planning Feature
they perceived as tax avoidance. After tax. Treasury has not finalised any tax to beneficiaries, thereby reducing
various meetings with the financial changes and indicated these were not the trusts tax liability. It is important
planning industry and regulatory bodies, likely to happen in the short term. to remember that trustees may only
including FISA, the FPI and the Law distribute capital gains to beneficiaries
Society of South Africa, it was explained KEEPING THE STATUS QUO if the trust deed empowers them to
what the general benefits of having As things stand, the taxation of trusts do so. It is therefore vital to consult
a trust are, and highlighted that less is unchanged and will remain that way an advisor in order to get the right
individuals than believed used trusts for the foreseeable future. Trustees are structure and advice.
in a manner to save on capital gains still able to let income flow through
and quality of their face were balanced with robust values and How has the Marsh relationship
decisions come under a strong work ethic. My parents taught us
sound spiritual values: my dad taught the
impacted Alexander Forbes?
the spotlight more principle of hard work, and mom taught us We were clear that, on our own, we would
not be able to succeed in the risk-broking
than ever. Edward that we are here to be a blessing. We grew
up being thankful for the little things, and business. We decided to nd a partnership
Kieswetter, CE, learned how to cope. As an eight-year-old, that would unlock greater value for all
68
69
First SA R1.4bn First SA AIMA SA Joint R10bn FAIS R30bn Hedge Fund Amended National AUM
hedge total AUM Funds of chapter discussion total AUM CATIIA total AUM Standing Reg 28 Treasury reaches
funds Hedge formed paper The licence to Committee under PFA and FSB all-time
created Funds Regulatory under ASISA releases
regulate allows high of
launched Position of replaces proposed
Hedge hedge AIMA SA pension framework R42bn
Funds in fund funds to for
South manager allocate regulation
Africa 10% to of hedge
released by hedge funds in SA
FSB, ACI, funds
AIMA SA
Funds of R42.2bn
Other Average size of professional Current size of SA single
Funds
NUMBERS
1.1%
63.0%
hedge fund investment team strategy hedge funds
plus analysts
Individuals 60%
Seeding 18.5% % of SA hedge funds
6.0% structured as
en commandite partnership
Life Pension (i.e. limited liability
partnership)
Funds Funds
6.4%
GROWTH
5.0%
IN
13.3 years
OF THE INDUSTRY Hedge fund manager
(excluding funds of hedge funds for SA) average investment
*USD exchange rate at R9.86 experience
INDUSTRY
R4bn
Inflows into equity long/short
SA HEDGE FUND INVESTORS during past year
Global R23780bn
Average management
fee charged
DOWNLOAD
the complete
42.9%
Novare Investments
% of AUM managed by largest
IES
South African Hedge 10 funds
Fund Survey Report G 7.4%
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2013 at . . .
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http://www.novare.com/research/
TYPICAL OUTSOURCED
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52.5% 15.7%
30 27.5% Fixe
Fund Valuation
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21.2%
15.4%
Mandate
20 18.8% Compliance Monitoring
16.6% Other
15 14.2%
Disclaimer: This infographic is subject to the DISCLAIMER stipulated in the Novare Investments South African Hedge Fund Survey Report 2013 which is available on
www.novare.com/research or from marina@novare.com. This infographic is for the use of Novare Investments (Pty) Ltd and its clients and is subject to copyright. This
document is for information purposes only and is not intended for the solicitation of new business. Novare Investments will not accept any liability or responsibility of
whatsoever nature and however arising in respect of any claim, damage, loss or expense relating to or arising out of or in connection with the reliance by anyone on
return on innovation
sometimes means having to turn away
business you believe is unprofitable.
game industry
SHARON PATERSON,
CEO Infiniti Insurance
Its evident that the game ensure they reach the final investment to or mitigate these risks.
realisation phase. This phase is the
industry of Southern Africa has It is also important to choose an
last step in banking your profits, and
been growing at a rapid pace, its the most important step in turning insurer that understands that each
and all indications are that this paper profits into real returns. individual or group of individuals
has different risk profiles. Having an
trend will continue for some There are a number of factors insurer that determines your individual
years to come. For this reason, contributing to game mortality, risk profile, then reflects that in
Kuda has positioned itself as a but here we look at only those the premium charged, is a win-win
the insurance industry identifies as situation - and one grounded to a
major player in the market to
Insurable Risks. very large extent in a partnership with
complement its already very your insurer. Choose an insurer with a
successful Bloodstock and Sports Most animals being moved - either partnership philosophy.
for re-location purposes on the
Horse products. farm, or when sold - are routinely When an insurer agrees to give you
tranquilised. The risks involved in cover for a certain risk, it is taking
GAME INSURANCE TO PROTECT this process are numerous, but the risk over from you in return for a
YOUR INVESTMENT RETURNS can be complicated or mitigated premium paid. Because it has done
Historically, Listed Equities and Fixed by the experience of the helicopter this, the insurer has the right to set
Properties offered double digit returns. pilot, the Vet, the ground team and requirements as to the preferred Vet,
The game industry has seen double the weather. No matter how well game capturer and transporter to be
digit investment growth returns for the prepared or experienced the teams, used. These should be seen as risk
last 10 years, and this is expected to there is always a risk of mortality. mitigating factors as the ultimate goal
continue. of the insured and the insurer is to
After capture, the animals have to be deliver the animals alive and free of
The game industry is active throughout transported to the buyers farm or,
the year, with a number of BIG harm at their final destination.
if the animals are to be auctioned,
auctions followed by a myriad of to the Auction Holding Pens. There CAPACITY
smaller ones where the game owner are many risks involved in the With the high prices that good quality
sells off offspring to recapitalise on his transportation process one such animals are commanding at auctions,
initial investment. Even bigger than risk could be poor ventilation of the one of the most important factors
the auctions is the market where game transporters trucks. in choosing an insurer is capacity.
owners trade amongst themselves, Make sure that your insurer has the
either in person or through a vast In all cases of handling game, there underwriting capacity to insure your
network of game capturers and traders, is by default a measure of stress to existing high-valued animals, and be
and this is where you need to know the animal. The animals concerned sure that you check the underwriting
your trade. are wild by nature and being handled capacity of your insurer before going to
can result in stress causing death. an auction to buy a multimillion rand
RETURNS MERE PAPER PROFITS In some instances, they die from
UNTIL INVESTMENT REALISED animal.
stress-related causes shortly after
There are numerous risk factors which their release. WHAT DO THE UNDERWRITERS
can influence you realising the return SAY?
on your investment, but fortunately These factors have been identified The game industry is not to be entered
these factors are all insurable risks. by the Insurer as insurable risks, so, into lightly. It is essential for an insurer
neither the buyer nor seller need take to do its homework before considering
It is foolhardy to invest your efforts the risk of total loss as this can be
tending to your animals with the underwriting any new class of business
insured against. and part of this process is to roll
greatest of care, only to take the risk
of not safeguarding your animals to up your sleeves and understand the
CHOOSING AN INSURER
environment so that you can assess
Certain species of game are more
areas of risk. In addition, you have
resilient to the process of capture,
to have implicit trust in the expertise
translocation and being held in holding
of your underwriter. Infiniti is really
pens. It is therefore important to
NO MATTER HOW WELL PREPARED excited to enter this new and fast
choose an insurer that understands
growing area of business which is so
OR EXPERIENCED THE TEAMS, THERE the risks associated with the different
much part of the South African culture
IS ALWAYS A RISK OF MORTALITY. game species and factors that can add
with its partner, Kuda.
WHEN THE FAMILIAR BREEDS respondents declared that they had residential areas), they were expecting
DISASTER undertaken some risky behaviour: to have to settle for cheaper insurance
In a survey conducted by Santam, 91% 22% said they left valuables in their (45%).
of respondents indicated they would vehicles; 24% said they sped up to
beat red traffic lights; 21% owned up According to Attie Blaauw, Head
adjust their behaviour appropriately
to texting while driving; 21% confessed of Personal Lines at Santam, risky
when they were aware of risks.
to driving too regularly over the speed behaviour and risk profiling are
This response may be at odds with limit; and 21% declared they did not inseparable when insurers underwrite
recent findings that awareness of risk check their vehicles before undertaking risk.
does not appear to lead to adjustments long trips. By far the riskiest behaviour, As we become more aware of risks
in behaviour. however, was in not adding valuable and change the way we think, it
items to insurance policies immediately affects our behaviour and consequently
One such study, entitled after purchases (41%).
Neuroscience based safety- the risks we take, enabling us to
behaviour change at unmanned level live safer lives day by day. In turn, if
Conversely, by a comfortable margin
policyholders take steps to eliminate
crossings, by Biju Dominic of FinalMile (62%), respondents believed they were
their risk, they will find they enjoy a
Consulting in Mumbai, shows that up already taking sufficient steps to be more positive risk profile and therefore
to 15 people die each day at well sign- safe. lower premiums than high risk
posted railway crossings where victims
policyholders. Making sure you manage
who are regulars at sites, were Respondents showed a well-developed
your risk therefore can mean you can
prepared to take unnecessary risks sense of what constitutes their risk
enjoy premium short-term insurance
because they generally believed more profile and appeared to show an
cover at reasonable rates.
strongly in positive outcomes. awareness of the actions needed to
manage their risk profiles and therefore According to the Santam survey,
In the Santam survey, despite so many manage their premiums. respondents agreed that among the
respondents indicating they adjusted key precautions policyholders can
behaviour when aware of risks, most Asked to describe the actions they
adopt is to continually audit their
would take to manage their safety in belongings and coverage to ensure
2014, respondents pointed to more they are not under-insured and the
responsible driving, and taking steps appropriate insurance cover in place.
to behave more responsibly. Most,
however, undertook to make their At a time when policyholders are
homes more secure with common hard-pressed, there is always the
actions ranging from installing more potential for them to make the
external lights and infrared beams, mistake of being underinsured due to
building higher walls and adding razor choosing the lowest premium cover.
wire, to replacing window panes with Clients should be aware of the danger
shatterproof glass and more frequently of underinsurance. Ultimately, its
testing alarm systems. important for clients to understand that
the risks they continue to take in their
Respondents were also preparing for daily behaviour and their risk profile
a difficult year in 2014, so that, while will impact their premiums. Our duty
acknowledging the need to adequate as an insurer is to ensure they continue
cover in potentially more risky times to receive value for their premiums,
(24% felt there was more crime in their concludes Blaauw.
Spell adversity
Antonio Iozzos journey to success
clearly illustrates the principle that
with the necessary commitment
with a capital O
and vision, adversity can be
transformed into opportunity.
The South African retirement Pension fund administrators need Crucially, this also enhances compliance
to move away from spreadsheets and governance. Now that trustees
industry is grappling with the
- to intelligent platforms that are must meet much more stringent
need to accommodate reforms agile and scalable. These platforms fiduciary obligations, a sophisticated
and deliver on new demands to enable not only the management system offering a strong audit trail and
strengthen retirement savings of investments and savings by large better management and investment
volumes of people, but also the ability checks ensures compliance and reduces
at a lower operating cost. for policyholders to choose their the pressure particularly for external
Optimised IT infrastructure offers investment in line with their appetite trustees who serve as caretakers of
some of the solutions. for risk, and even repeatedly amend these funds.
these choices.
Recent research by PwC and the In addition, new platforms are coming
Centre for the Study of Financial to market with capabilities that allow
Innovation found that the wave of new for online self-service. This passes the
regulations governing issues such as WHEN THESE SOLUTIONS ARE administration burden to the initiator,
solvency and market conduct could DELIVERED IN A MANAGED further reducing cost and complexity.
swamp retirement funds and long-term SERVICES ENVIRONMENT, THE Pension funds and their trustees are
insurers with costs and compliance
COST OF ADMINISTRATION CAN also challenged in keeping up with
requirements. The research also
changes in risk management. Not only
found that the new rules could also BE REDUCED BY BETWEEN 20-
do they have to deal with demographic
distract retirement fund and insurance 25% PER MEMBER. challenges and an alarming fall-off in
managers from the more urgent task of
yield, they also have to grapple with
running profitable businesses at a time
risk management concepts that were
when the industry is under stress.
previously the domain of the higher
A scalable solution has the ability to echelons of sell-side investment banks.
Four or five years ago, youd
repeat an operation in a standard For pension funds, there is an obvious
expect double-digit returns from a
fashion for large volumes over multiple investment required in technology and
pension fund, but now the returns
permutations. When these solutions in data management to ensure the
are substantially lower; the cost of are delivered in a managed services
administration is resulting in some reliability of their metrics.
environment, the cost of administration
funds delivering returns far below can be reduced by between 20-25% Financial modelling and actuarial
inflation. These costs are crippling the per member. calculations must be carried out
industry and savings are being eroded
consistently, adapting to changes
by the dual manager and administrator At present, there tends to be a clear in our environment - where the
process. distinction between the management population is not driven to save, the
of the asset and the management life expectancies of an older generation
This changing environment presents of the liability, placing an additional
the industry with both challenges is increasing; but HIV/Aids is impacting
layer of cost into the operations. In a
and opportunities. Addressing the the younger population feeding the
hosted managed services environment,
challenges will force changes in fund pension fund. To ensure accuracy and
the platform managing liabilities,
administration, bringing with it an consistency, funds need effective,
policies and member records could also
opportunity to embrace advanced sophisticated actuarial evaluation
manage assets, reducing the need for
technology to help streamline and modelling tools that build on a
another vendor and third leg in the
operations, improve efficiencies and repository of models created over a
cost chain.
lower costs. Much of the retirement period of years.
sectors administration is currently The managed services model
Improved infrastructure and processes
slowed by the use of outdated tools also allows funds to benefit when
sweeping changes are introduced
will also enable agility and shorter time
and systems, duplication of processes
across the sector. In a parameterised to market with new products. They
and extensive manual interventions,
system, there is no need to change will deliver significant improvements
adding to the cost of administration.
the underlying code only certain in compliance and risk mitigation, and
With the sector actively seeking to variables. When the system is shared eliminate duplication in processes. In
deliver greater returns to retirement in a hosted environment, policies the face of a changing environment,
fund beneficiaries, the answer is to are processed in a universal manner, pension funds also need to invest in
achieve greater replication of various duplication of effort and costly coding robust platforms that support new
operations through automation, and is avoided, and funds are able to adapt operational requirements, including
ensure greater cost efficiencies through in line with the changes, rapidly and analytics, business intelligence and
outsourced or managed services. cost-effectively. mobility.
AUTOMOTIVE FINANCE AND However, dealers in Russia and Turkey The importance of the Russian market
LEASING FOR CONSUMERS IN sell far fewer used cars than France, can be seen in the composition of the
EUROPE Germany and the UK. When used cars top 15 finance providers of automotive
According to Finaccord, Russias market are added to the picture, Germany still finance and leasing at the point of
for new car point-of-sale finance is has the largest market for automotive sale.While the captive or joint venture
now the largest by value in Europe. finance and leasing at the point of sale, finance providers of Europes leading
While the global financial crisis affected but Russia is ahead of France and the manufacturer groups held nine of
nearly all countries in 2008 and 2009, UK. these top 15 places, six were held
this market has surged ahead in Russia by independent companies, and only
and Turkey in more recent years, while one of these did not have significant
it has continued to fall in the worst- THE MOST SERIOUS DECLINE IS activities for automotive finance in
hit EU economies: Greece, Hungary, THAT OF THE ITALIAN MARKET, Russia. This was Santander Consumer
Ireland and Italy, and, to a lesser extent SINCE ITS AUTOMOTIVE MARKET Finance, which held third place on
Portugal and Spain. this analysis across Europe, thanks to
IS BY FAR THE LARGEST OF
its partnerships with both dealers and
Sales of new cars in Russia have risen THESE COUNTRIES. manufacturer brands in 12 countries.
sharply since a slump in 2009, and
Russia has been the second-largest
market for new cars in Europe since
2011, only trailing behind Germany.
Russia is the largest market for new car
finance and leasing taken out through
dealerships, with an estimated EUR
20,48 billion in gross advances and
new assets leased for 2012, or 26,4%
of the whole European market in 2012.
Managing Strike-
Currently 80% of the claims are as
a result of labour strikes. In addition,
Sasria experienced an increase in the
claim frequency by 91% whilst the
Risk management is not only Take, for example, the current largest The shock that has rippled though
about those risks that are readily liquidation in South Africas history: the business sector is palpable; the
identifiable, to quote Donald the First Strut Group - probably financial sector is reeling while countless
Rumsfeld, former US Secretary of a perfect example of a known employees are pondering a very
Defence, the known knowns or unknown! First Strut was the darling uncertain future! Suppliers et al, who
the things we know that we know, of the construction industry: a large may have believed they were dealing
but more importantly, companies number of financiers were happy to with a sure bet, are licking their wounds
also need to plan for the known accept their paper; it was rated BBB; and wondering how this could have
unknowns or those events we know it was the epitome of a successful gone so wrong. The question for every
that we dont know! Whilst this group no one saw what was actually shareholder, stakeholder, director or
might sound like gibberish, the logic happening. Dealings with the group company executive now to ask is what
is quite sound! They need to plan were seemingly beyond reproach, can be done to ensure that this does not
for the unknown unexpected events but we know now that this was all happen again; and happen again it will
before the event finds them. an incredibly elaborate smokescreen that is, in fact, the only guarantee!
There can be no doubt that a general cause of action raising a triable issue the class action device will only apply
class action has now arrived in is fundamental. In the case of a if the essential requirements of a class
general class action, there are the action can be satisfied at the time of
South Africa. But before over-zealous
pre-requisites for class certification certification.
lawyers wring their hands in glee, a that may be conveniently described
moment of pause is required. as ascertainabilty, numerosity, Class actions are appropriate where
commonality, typicality and adequacy there has been widespread, consistent,
of representation. Appropriateness uniform harm through a common
Class actions have a place in clearly (of the class device) and an equitable practice. They are ideally suited to
defined circumstances. Not otherwise. method for the distribution of any relief situations where the harm per person
As in any litigation, identifying a obtained are also required. In short, is too small to justify individual claims
Insurable interest:
Are you out or are you in(sured)?
BYRON OCONNOR,
Director, and
VERUSHA MOODLEY,
Candidate Attorney, Dispute
Resolution, Cliffe Dekker Hofmeyr
An indemnity insurance contract was extended to apply in a business This case makes it clear that, in defining
relationship between two entities where insurable interest, an overly strict
seeks to indemnify the insured approach cannot be adopted. Provided
the insured did not suffer direct financial
against financial prejudice harm due to the insured event but was the insurance contract is not construed
either in full or in part upon the nevertheless entitled to recover the as a gambling transaction, that is,
happening of a future uncertain market value of the property in terms of the interest created by the insurance
the policy concerned. contract is not the only interest the
event. insured has in the property insured, the
Lorcom Thirteen (Pty) Ltd (plaintiff) insurer will be bound by the cover it
Prior to concluding the contract, sued Zurich Insurance Company South provided. To prevent potential prejudice,
thereby accepting the risk on behalf Africa Ltd (defendant) in terms of underwriters should ensure that
of the insured, underwriters analyse an insurance policy issued by the sufficient information in relation to the
information relating to the property to defendant in respect of a fishing relationship between the insured and
be insured and the risk insured against. vessel (vessel) that was lost at sea. the insured property and the potential
For the contract to be enforceable, the The defendant repudiated the claim, loss in the insured property is obtained
insured must have an insurable interest one of the defences raised being at the proposal stage.
in the subject of the insurance. This that the plaintiff did not have an
interest was for some time defined with insurable interest in the vessel. The In the event that misrepresentation or
reference to the insured suffering direct vessel was owned by Gansbaai Fishing non-disclosure of information can be
financial harm. Wholesalers (Pty) Ltd (GFW), not proven, the insurer will then be able
the plaintiff, but was the plaintiffs to repudiate the claim on that basis.
The case of Lorcom Thirteen (Pty) Ltd v wholly-owned subsidiary. Although Regard should also be had to whether
Zurich Insurance Company South Africa the parties envisaged that the plaintiff the exemption clauses in the contract
Ltd 2013 (5) SA 42 (WCC) is illustrative would become the owner of the vessel sufficiently protect the insurer in light of
of how the concept of insurable interest in future, it was not the owner at the what is set out above.
Selecting a medical
scheme option for 2014
Many people will undoubtedly be
reassessing their medical scheme
cover and considering switching
to an alternative option in 2014. SWITCHING TO A
This amid increasing costs of
living for the consumer and CHEAPER OPTION OR A
increasing pressure placed on the HOSPITAL OPTION COULD
South African medical scheme
industry to deal with escalating HAVE SOME SIGNIFICANT
costs in a rapidly changing sector FINANCIAL BENEFITS...
without the necessary regulatory
support to adapt legally to these
changes.
If you go to a non-Designated
Service Provider (DSP) when one of
your schemes DSPs is reasonably
available. This does not apply to
involuntary admissions where you are
unable to choose the provider due
to incapacitation or if treatment is
not available at your schemes DSPs.
It is important to note that some
treatment for PMBs is only provided at
Misinformation provided to PMBs refer to a list of 271 conditions a scheme DSP in terms of your option
consumers with regards to what and 25 chronic conditions that all benefits and you should thus confirm
exactly is covered under the medical schemes are required to fund this information prior to joining.
as a basic benefit to all members.
payment of Prescribed Minimum However, the authorisation of The level of care you receive is
Benefits (PMBs) resulted in a treatment for the condition and the inappropriate for the condition, for
number of complaints to the level of care at which cover is provided example, ICU when you could be
are determined by the medical tests treated in a general ward.
Council for Medical Schemes and other clinical verification received
(CMS) last year. by the medical scheme, as well as the Consumers must speak to their
parameters and definition of the PMB healthcare consultant to determine
Many consumers mistakenly believe condition as set out by the CMS. whether their medical scheme cover
that medical schemes are required to provides the appropriate level of care
cover all PMBs in full, regardless of the This process is aimed at protecting that they and their family require at
specifics of the condition, or the cost. the member, as well as the medical every life stage and not leave every
scheme, from unscrupulous code eventuality to the accessibility of PMBs.
The fact is that not all conditions shifting/farming that could lead to
related to a PMB are covered; for unnecessary treatment or surgery. It is in the medical scheme members
example, a hernia is included on the interests to question their medical
PMB list, but is only funded under Medical schemes are also not required practitioner in depth with regards to
specific circumstances such as when to cover PMBs or pay in full for the their medical conditions and determine
the condition is complicated. In condition under certain circumstances. the best, most cost-effective method
these cases, clinical proof such as If a member is in a waiting period for of treatment. This will ensure that
x-rays, blood tests and scans must be a pre-existing condition related to the there are no additional costs that they
submitted before a medical scheme PMB and there is no PMB cover during must pay for as well as helping to limit
will cover them and an ICD 10 Code this time, the scheme may not pay out. medical scheme contribution increases,
(a unique code per condition) may not Similarly, if the level of care proposed is which will ultimately safeguard the
be used as the sole verification of the not deemed appropriate, cover may only sustainability and affordability of
diagnosis according to CMS regulations. be provided for the appropriate level private healthcare in South Africa.
Effectively, this will require changing STOKVELS, THE OTHER Needs analysis, lower costs and a
the public perspective of insurers. viable choice of products will be
This will entail revisiting the products PREDOMINANT SAVINGS requisites if commercial and legislative
that are offered and packaging them demands are to be met. Without
at a low cost. New solutions for the MECHANISM, HAVE IN SOME education, understanding and trust,
challenges of these internal processes INSTANCES BECOME VIRTUAL however, the industrys ambitions of
and distribution channels will need to insuring the uninsured could remain
be sought. INSURANCE COMPANIES... elusive.
opportunity
Credit Guarantee Insurance Corporation
that if they caused confusion as to TAX SPARING FOR ECONOMIC This exemption too has been
their place of residence, then they DEVELOPMENT withdrawn under the new tax treaty,
could not expect to benefit from these Under the 1996 tax treaty, tax-sparing which provides for a maximum rate of
treaties. credits were granted on a reciprocal tax of 5% in respect of any royalties
basis for investment in either South (previously nil%).
Africa or in Mauritius. This was a
particular type of double tax relief that EXCHANGE OF TAXPAYER
encouraged foreign investment and INFORMATION
THERE ARE LEGITIMATE AND
which was aimed to preserve local tax The new tax treaty contains the latest
SIGNIFICANT NON-TAX REASONS incentives. OECD standard for the exchange of
WHY INTERMEDIATE MAURITIAN taxpayer information.
Under the new tax treaty, the tax-
INVESTMENT AND OTHER GROUP It appears from the SARS briefing of
sparing relief will only be available
SERVICE ENTITIES ARE USED. for investment into South Africa by Parliaments Standing Committee on
Mauritian residents. Finance during February 2011 that
SARS considered it important that
TAX RATE REDUCTIONS there should be a full exchange of
This speaks to the heart of the reason The new tax treaty will offer a number information article in the new tax
why South Africa sought to renegotiate of tax rate reductions: treaty because the 1996 tax treaty had
the 1996 tax treaty - the concern that a more limited version of exchange of
South African corporate taxpayers DIVIDENDS information where countries could say
were abusing the treaty by investing The rate of tax for dividends remains that they had bank secrecy.
through intermediate Mauritian holding unchanged at 5% when a minimum
companies in foreign lands. SARS shareholding of 10% of capital is met. ENTRY INTO FORCE
is well known to have aggressively In all other cases, the rate of tax is Because the new tax treaty must first
examined the tax residency in Mauritius limited to 10% (previously 15%). be approved by the South African and
of such investment holding companies. Mauritian Parliaments it is anticipated
INTEREST that it will only become effective for
Has this new dispensation has not gone An exemption from source-based taxpayers on 1 January 2015.
a step too far? The representations taxation of interest was granted under
before Parliament were, in all fairness, the 1996 tax treaty, only retained in COMMENT
one-sided. There are legitimate and the new tax treaty for interest paid In the main, the new tax treaty with
significant non-tax reasons why or earned by a Government, or for Mauritius will be of concern to many
intermediate Mauritian investment and interest on debt instruments listed on a South African taxpayers. It is clear
other group service entities are used. stock exchange. that South Africa held the upper hand
Among these reasons is the ability to during renegotiation, and that these
manage foreign currency reserves free were overshadowed and driven by tax
from exchange controls. The ability to avoidance concerns harboured by the
pool foreign currency outside South South African authorities.
Africa provides an effective hedge THE ABILITY TO POOL
against the Rand. It would have been encouraging to
FOREIGN CURRENCY see a more balanced approach and it
The boundless discretionary powers OUTSIDE SOUTH AFRICA is not clear at all whether the South
granted to SARS under the new tax African authorities have been taking
treaty to determine where Mauritian PROVIDES AN EFFECTIVE cognisance of the strategic importance
investment holding companies must HEDGE AGAINST THE RAND. of having an investor-friendly avenue
pay tax raises significant constitutional in and out of the country.
concerns. Tax administrators are,
as a general rule, supposed to only What stands in the background is
administer laws and should not be South Africas own attempt to establish
put into a position where they may All other types of interest will be a tax friendly regime for international
exercise powers that properly belong to subject to a maximum source rate of investment the so-called gateway to
Parliament. tax of 10% (previously 0%). Africa project. It remains to be seen
whether this project will bear any
PROPERTY INVESTMENTS South Africa is set to introduce an significant fruit.
The new tax treaty brings unwelcome interest withholding tax of 15% in 2014
news for foreign taxpayers that hold on all SA source interest payments to The question is whether South African
investments in South African property non-residents. Foreign companies that multinationals will relocate their
rich companies. Investment in mining finance local investments in South international investment, finance
will be particularly affected. Under Africa through Mauritian structures will and/or group services activities from
the 1996 tax treaty, investments of be hard hit by this new dispensation. Mauritius to South Africa when the
this nature were exempt from South new tax treaty becomes applicable? It
Africas Capital Gains Tax (CGT). ROYALTIES may be that other countries that have
Like interest, an exemption from been competing in this space far longer
The new tax treaty repeals this source-based taxation of royalties was than South Africa may be the real
exemption. granted under the 1996 tax treaty. benefactors.
The company has seen a rise in its ICs of more than 30%
over the course of the past year, said Goodford.
Exciting
developments
Newbies
at COVER
COVER welcomes to its editorial team
Annetjie van Wynegaard and Taryn
Kerr, both Journalism and Media Studies
graduates from Rhodes University.
Annetjie van Wynegaard
Annetjie comes with experience as an editor
of Rhodes Journalism Review and social media
manager. Following two years of teaching English
in South Korea and travel in the Far East, Annetjie
returns to South Africa eager to contribute to
the ongoing success of COVER and its various
channels: COVER magazine, COVERConnect - the
weekly electronic newsletter, LinkedIn, Facebook,
Twitter and website: www.cover.co.za.
It has been my privilege to make the acquaintance of so To Tony, and our team, thank you for the opportunity to
many in the industry through COVER. The support, concern grow, learn and to be exposed to an industry that really
and genuine friendship extended to me, and to Tony and does have the interests of its clients at heart I would not
our team, and the magazine as a stalwart of the industry, have recognised the extent of this commitment without
have been far beyond what I would have expected. The the inside track that working for COVER could provide.
opportunity to interact with people of the calibre of our To the new-comers (and some not so new), best wishes:
editorial and strategic boards, and industry bodies, to Thenjiwe, Hermione, Annetjie and Taryn, enjoy every
interview industry movers and shakers, and work so hard minute, and find, as I did, great joy in the wonderful
with communications and public relations representatives relationships and special moments that this industry offers.
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fleet operators to transform data into intelligence that can be ensuring improved productivity and operational efficiency.
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management and other vehicle management essentials. The product offers task management integrated with
navigation functions to assist fleet managers with route
planning and assignment of tasks for the day. By optimising
their drivers routes, OTR helps lessen distance travelled
and cuts fuel and maintenance costs. With real time traffic
information, drivers are routed around roads with congested
traffic and a built-in front-view video camera for recording or
taking snapshots of an accident helps determine what might
have gone wrong.
(L-R) Councillor
Mamedupi Teffo, Mr
Temba Mvusi, Head of
Market Development
at Santam, Ms Dikeledi
Magadzi, MEC of
Education in Limpopo,
Mr Freddy Greaver,
Executive Mayor of
Polokwane, Mrs Coocky
Mehale, Principal of
Botlokwa special school,
and Ms Jill Joubert,
Curator Exhition
Ibhabhathane Project.
t o
their gala dinner at the Golden Horse Casino in Pietermaritzburg. The
k
Bac
theme of the evening was The Roaring 20s. Founding President Dave
Jack was the guest speaker of the evening.
In his blue garden men and girls came and went like
moths among the whisperings and the champagne and
the stars. F. Scott Fitzgerald, The Great Gatsby
I lik
e
At sm large parti
a es. Th
Jo ll parties, eyre
Founding President of the DII, Dave Jack, and current
RYAN ROBERTS OF SATIB LIFE AND INVESTMENTS World Records to see if my climb would be recognised.
REALISED HIS LIFELONG DREAM OF CLIMBING MOUNT Despite the odds, Ryan summited the mountain, having
KILMANJARO ON THE OCCASION OF HIS FORTIETH raised R168 000 for Rainbows and Smiles.
BIRTHDAY.
Close friends of ours had lost their five-year old son to He is still waiting for feedback from Guinness World Records
cancer and I decided to climb in memory of Roan. Rainbows but a listing would certainly be the cherry on top of a
and Smiles is a small charity which supported Roan and his successful trip.
family during his illness, so I resolved to raise R100 000
for them, which I felt was a large enough amount to make SATIB Insurance Brokers will be donating 10% of the
a difference to at least one sick child, says Ryan. To add premiums of all new SATIB Life and Investment clients to
an extra challenge and garner interest among people, Ryan Rainbows and Smiles for the remainder of 2013 so sign up
committed to climbing the mountain with Roans weight today to support this worthy cause.
when he fell ill strapped to his back an extra 25kgs, over
and above the usual eight or nine kilograms of supplies and
equipment every climber bears - and to choosing the most
challenging of the routes up the mountain - the Umbwe or
Whisky route.
At Santam, we know how important it is to stay up to date with the risks facing the modern
farmer. Which is why we take an in-depth scientific approach to assess all the adverse
factors that could confront your clients crops and assets. As the leader in specialised asset
and crop insurance, we have the ability to develop innovative risk solutions so that no matter
what risk their farm faces, weve got it covered. Santam. Insurance good and proper.