The National
Treasury notes the reckless manner in which Viceroy, a US-based
trader/research firm, released its report on Capitec bank earlier in the
week. Viceroy is not regulated in South Africa, and by its own
admission, has been trading [short selling] in Capitec shares ahead of
the release of its
report, and stood to benefit substantially from
forcing the Capitec share price to fall by publishing its speculative
report about the bank.
Until two weeks
ago, Viceroy operated anonymously and opaquely, and the reckless way in
which it has released its report is clear proof that it is not acting in
the public interest nor in the interest of financial stability in South
Africa. Whilst the Treasury expects prudential and market conduct
regulators in SA to consider all relevant reports in the public domain,
and to act where any risks or transgressions in the law are identified,
Treasury is of the view that the Viceroy report provides no basis to put
any bank under curatorship.
The National
Treasury has been in constant contact with the Registrar of Banks since
the report was released, and is satisfied with the assurance from the
South African Reserve Bank that Capitec is well capitalised, liquid and
solvent, and meets all prudential requirements. This means that the
funds of depositors are safe.
National Treasury
has requested that the Financial Services Board, as the market
regulator, working with the JSE, urgently considers whether it should
initiate a market abuse investigation into the conduct of Viceroy, and
to ensure that it is regulated appropriately. The FSB is requested to
also alert relevant overseas regulators, like the Securities and
Exchanges Commission in the USA and the Financial Conduct Authority in
the UK, to consider whether Viceroy is regulated appropriately, and to
consider whether it has transgressed any of their market conduct and
market abuse laws that aim to protect investors.
1 Feb 2018
Issued by: National Treasury
Issued by: National Treasury
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