The Financial Services Tribunal has dismissed an appeal for reconsideration by Basetsane Mabalane, a former Capitec Bank Limited employee, following a series of misconduct allegations that led to her debarment from rendering financial services.
Capitec appointed Mabalane as an employee on 29 May 2017, initially as a service consultant and later as an assistant branch manager from 1 September 2023 until her employment was terminated on 18 October 2024.
On 29 August 2024 and in contravention of the debit order switching policy, Mabalane approved a request for the switch of a debit order in respect of a customer who had opened a new account. Instead of using the customer's old Capitec account details, the service consultant used the details from another banking institution that did not belong to the customer.
Resignation and disciplinary proceedings
The evidence to Capitec determined that Mabalane was fully aware of this contravention and nevertheless approved the switch. She was charged with misconduct and served with a notice to attend a disciplinary enquiry. She was advised that debarment and dismissal were potential outcomes of the disciplinary enquiry.
Before the disciplinary hearing could be held, Mabalane resigned, claiming a constructive dismissal, and was ultimately served with a Notice of Intention to Debar via WhatsApp, affording her 10 days to make representations.
On 3 December 2024, Mabalane filed her representations. Notwithstanding her representations, the debarment panel convened, reviewed the evidence as well as her representations. The decision was made to debar her, which was communicated to her on 17 December 2024. Thereafter, she requested written reasons for the decision, which were provided to her on 24 January 2025.
Tribunal’s final ruling on the appeal
Mabalane then took the matter to the Financial Sector Conduct Authority (FSCA), attempting to deflect her blameworthiness on several bases, including but not limited to the period of her appointment, Capitec referring to her as "he" instead of "she" in the reasons for debarment, as well as lack of evidence of dishonesty with respect to the approval and the fact that she did not (on her version) serve to gain, personally. She also cited alleged unfair discriminatory treatment and coercion in respect of her statement.
However, the tribunal analysed the record and found no evidence to substantiate her claims. On 19 May 2025, the tribunal dismissed an appeal for reconsideration.
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