- The Financial Services Tribunal overturned Jabulile Tlhapane's debarment
- The Tribunal found she was never notified of the intended debarment or allowed to respond
- The unlawful debarment only came to light when she lost a new job during compliance checks
A customer services manager who was secretly barred from working in the financial services industry has had her debarment overturned after the Financial Services Tribunal ruled that her employer failed to follow the law.
The tribunal found that Moso Consulting Services unlawfully debarred Jabulile Tlhapane without giving her written notice, providing its debarment policy or allowing her to make representations before the decision was taken. The ruling was delivered on 19 August 2026 by Tribunal chair Judge LTC Harms and Advocate SM Maritz.
Secret debarment destroyed a job opportunity
Tlhapane only discovered she had been debarred more than two years later when a prospective employer withdrew an appointment following routine compliance checks.
She told the tribunal that she had never been informed of the debarment and only became aware of it after successfully interviewing for a new position. The tribunal accepted her explanation, finding that the delay in bringing her application resulted entirely from the company's failure to notify her.
Moso Consulting Services did not oppose her application. Instead, it accepted her explanation for the delay and agreed that the debarment should be removed.
Administrative role became disciplinary target
Tlhapane worked as Manager: Customer Services, overseeing customer service operations and the company's call centre. Her duties were administrative and included managing consultants, conducting courtesy calls and compiling reports for senior management. She did not provide financial advice, handle client funds or perform brokerage functions.
The disciplinary action arose in March 2024 after a metropolitan municipality requested historical broker information relating to medical scheme members. The company accused Tlhapane of failing to complete the task adequately and of sending client information to her personal email address without authorisation.
She was dismissed after a disciplinary hearing on 12 April 2024. However, the tribunal found that the hearing dealt only with workplace misconduct and never informed her that her professional future in the financial services industry was also at risk.
The tribunal said, "A person reading it would understand that her employment was at risk, but not that her ability to render financial services anywhere in the industry was also at risk."
Tribunal finds employer ignored the law
The tribunal held that the Financial Advisory and Intermediary Services Act sets out a compulsory process before anyone may be debarred from rendering financial services.
That process requires an employer to give written notice of its intention to debar, explain the grounds and reasons, provide its debarment policy, allow the person a reasonable opportunity to respond and notify them of the final decision together with their review rights.
None of those safeguards was followed. "There was no compliance with section 14(3)," the tribunal ruled. It added that Tlhapane "was given no opportunity to address debarment because she was never told that it was contemplated."
The tribunal also found that the company appeared to have treated the disciplinary finding as an automatic trigger for debarment, despite regulatory guidance making it clear that employers cannot summarily debar someone solely because they have been found guilty in workplace proceedings.
Debarment set aside permanently
Ordinarily, a procedurally defective administrative decision is referred back so that a lawful process can be followed. The Tribunal declined to do so in this case.
It held that Moso Consulting Services had abandoned any defence of the debarment, did not seek a fresh process and that the statutory six-month period for commencing a lawful debarment had long expired.
The tribunal therefore upheld Tlhapane's application and set aside the debarment in full, clearing the way for her to work in the financial services industry again.
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