This book investigates the regulation and promotion of financial inclusion and provides a comparative analysis of the regulation, promotion and enforcement of the relevant laws in the SADC (in particular, South Africa, Namibia, Botswana and Zimbabwe), as well as the challenges of financial inclusion. In turn, it evaluates financial inclusion in the context of specific challenges faced by unbanked and underbanked customers, who are easy targets for cyber criminals because they tend to have lower levels of digital literacy. The book presents novel discussions that identify the challenges and flaws associated with the enforcement of financial inclusion laws and related measures intended to promote financial inclusion in the SADC region. This is primarily done in order to reveal the current strengths and weaknesses of financial inclusion laws in relation to certain aspects of the companies, securities and financial markets in the region. For example, there is no common financial inclusion instrument/law that is effectively and uniformly applied throughout the SADC. This has impeded the enforcement authorities’ efforts to effectively combat financial exclusion across the region.The book is likely the most comprehensive study to date on the regulation and promotion of financial inclusion in the SADC region and fills a major gap in SADC and African legal jurisprudence. As such, it offers a valuable asset for policymakers, attorneys, bankers, securities (share) holders, and other market participants who deal with financial inclusion, as well as undergraduate and graduate students interested in the topic.
Author(s): Howard Chitimira, Tapiwa Victor Warikandwa
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 106
Publisher: Springer
Year: 2023
Language: English
Pages: 378
City: Cham
Preface
Contents
Contributors
Financial Inclusion as an Enabler of United Nations Sustainable Development Goals in the Twenty-First Century: An Introduction
1 Introduction
2 Contextual Background to Financial Inclusion
2.1 Important Signs of Financial Inclusion
2.2 Sustainable Development Goals and Financial Inclusion
3 Conclusion
Bibliography
Towards an International Financial Inclusion Strategy, Institutional Frameworks and Enforcement: Setting Regulatory Benchmarks...
1 Introduction
2 The Definition of Financial Inclusion
3 Financial Inclusion and Exclusion in the SADC
4 International Regulatory Frameworks to Promote Financial Inclusion
4.1 Current International Financial Inclusion Regulation
4.2 The AFI and FI Commitments
4.3 The World Bank NFIS Reference Framework and the NFIS Template
4.3.1 The NFIS Format and Approaches
4.3.2 Policy Framework and Infrastructure
4.3.3 Private Sector Actions and Commitments
4.3.4 NFIS Monitoring and Enforcement Mechanism
4.3.5 The G20 FI Principles and Specific Contents of the FI Framework
5 SADC Financial Inclusion Framework
5.1 SADC Financial Inclusion Strategies
5.2 National Financial Inclusion Strategies in SADC Countries
6 Hard Law and Soft Law: International Financial Inclusion Regulatory Best Practices
7 The FATF Standards and Enforcement Mechanisms
7.1 The FATF and the International AML/CFT Standards
7.2 The FATF´s Enforcement Mechanisms
7.2.1 Mutual Evaluations
7.2.2 High Risk Jurisdiction Subject to Call for Action
8 Analysis and Concluding Remarks
Bibliography
Facilitating Financial Inclusion Through the Development of a Decentralised Cryptocurrencies´ Regulatory Regime in South Afric...
1 Introduction
2 An Overview of the Regulatory Challenge
3 Origin, Nature and Definition of Cryptocurrencies
4 Facilitating Financial Inclusion Through Cryptocurrencies´ Use: A Paradigm for Dismantling Financial Hegemony
5 Developing a Decentralised Cryptocurrencies´ Regulatory Architecture for South Africa, Botswana and Zimbabwe
6 Theoretical, Practical and Policy Implications of Developing a Decentralised Cryptocurrencies´ Regulatory Regime
7 Conclusion
Bibliography
The Role of Corporate Directorship in Financial Inclusion Within Selected SADC Countries
1 Introduction
2 Overview of Functions of Directors and Suitability of Corporate Directors to Perform Those Functions
3 Widespread Ban Against, and Limited Permission of, Corporate Directors Across the Whole SADC Region
3.1 Introduction
4 The Possible Role of Corporate Directorships in Facilitating Financial Inclusion of Vulnerable Groups or Previously Disadvan...
5 Conclusion
Bibliography
Financial Inclusion and Persons Living with Disabilities in Zambia: Reality Versus Rhetoric
1 Introduction
2 Contextualising Disability, Financial Exclusion and Poverty
3 A Primer on Zambia
4 A Taxonomy of Obstacles to Financial Inclusion
4.1 Discrimination
4.2 Fragmented Policy Implementation
4.3 Self-Stigmatization
4.4 Moral Hazard of Aid
4.5 Unemployment
4.6 Lack of Security
4.7 Illiteracy
5 The Way Forward
6 Conclusion
Bibliography
The Prospects and Challenges for Mobile Money Regulation and the Promotion of Financial Inclusion in Zimbabwe
1 Introductory Remarks
2 Historical Aspects of Mobile Money in Zimbabwe
3 The Regulatory Framework for Mobile Money in Zimbabwe
4 The Regulatory Framework for Financial Inclusion in Zimbabwe
5 Factors Influencing the Contemporary Challenges of Financial Exclusion in Zimbabwe
6 Concluding Remarks
Bibliography
Land Reform and Financial Inclusion Challenges in South Africa
1 Introduction
2 Agriculture, Land Reform and Financial Exclusion in South Africa: Continuities and Discontinuities
3 Description of the Case Study
4 Challenges of Capital-Intensive Production
4.1 Impact of Financial Exclusion on Fruit Production
4.2 Financial Exclusion Affects Access to Lucrative Produce Markets
5 The Implications of Financial Exclusion on Land Beneficiaries´ Livelihoods: Towards a Conclusion
Bibliography
Exploring Digital Financial Inclusion Strategies for Urban and Rural Communities in Botswana, Namibia, South Africa and Zimbab...
1 Introduction
2 Global Overview of Digitisation
3 The State of DFI in Africa
3.1 South Africa
3.2 Botswana
3.3 Namibia
3.4 Zimbabwe
4 Opportunities for DFI in Africa
5 Policy Recommendations for DFI
6 Conclusion
Bibliography
A `Social Justice´ Movement in the Banking Industry? Banking, Competition and Financial Inclusion in South Africa with Insight...
1 Introduction
2 Financial Inclusion
2.1 Conceptualising Financial Inclusion
2.2 Financial Inclusion in South Africa
2.3 Financial Inclusion in Zimbabwe
3 Competition in the Banking Industry in South Africa
3.1 History of Competition in the Banking Industry
3.2 The Challenge of South Africa´s Oligopolistic Banking Industry
3.3 The Potential of Digital Disruptions to Change the Competition Structure
4 The Nexus Between Competition in Banking and Financial Inclusion
5 Conclusion
Bibliography
Financial Inclusion, Intra-African Trade and the AfCFTA: A Law and Economics Perspective
1 Introduction
2 Contextual Background
2.1 Financial Inclusion and Mobile Money in Africa
2.2 Improving Cross-Border Payments
2.3 Trade Financing in Africa
2.4 A Digital Shift to Trade in Africa
2.5 Using Digital Currency in Africa
2.6 Supporting AfCFTA Objectives Through Regulatory Cooperation
3 Coordination and Integration of Regulations
4 AfCFTA Implementation and Covid-19
5 Financial Inclusion as a Tool for Winning Under the AfCFTA
5.1 Lessons from COMESA: Supporting Digital Financial Inclusion by Working with the Trade and Development Bank
5.2 Pan-African Payment and Settlement System
6 Conclusion
Bibliography
Retirement Funding and Financial Inclusion in South Africa: A Contrary Policy Approach
1 Introduction
2 Initiatives Aimed at Fighting Poverty on Retirement
3 Narrow View of Financial Inclusion in South Africa
4 Financial Inclusion Through Retirement Funding
4.1 Overview
4.2 Benefits Provided by Retirement Funds
5 Retirement Funding Financial Literacy
6 Conclusion
Bibliography
Mobile Fin-Tech Ecosystem Shaping Financial Inclusion in Zimbabwean Banking and Financial Services Markets
1 Introduction
2 Mobile Money and Financial Inclusion
3 Antecedents of Mobile Money (M-Money)
4 Drivers of Mobile Money
5 Inhibitors of Mobile Money
6 Technological Change and Financial Inclusion
7 Policy and Regulatory Frameworks for Financial Inclusion
8 Financial Inclusion Mobile Fin-Tech Adoption Intention Model
8.1 Performance Expectancy
8.2 Effort Expectancy
8.3 Social Influence
8.4 Hedonic Motivations
8.5 Habitual Usage
8.6 Perceived Innovativeness
8.7 Attitude Towards Self-Service Technologies (SSTs)
8.8 Inconveniences
8.9 Facilitating Conditions
8.10 Automation
8.11 Perceived Privacy Risk
8.12 Trust and M-Banking Fin-Tech Adoption Intention
8.13 Customers´ Age, Gender and M-Banking Fin-Tech Adoption Intention
9 Discussion, Implications and Conclusion
9.1 Theoretical Implications
9.2 Practical Implications
9.3 Study Limitations and Future Research Implications
10 Conclusion
Bibliography
Financial Inclusion Challenges and Prospects During the COVID-19 Pandemic: Insights from Botswana, Namibia, South Africa and Z...
1 Introduction
2 Understanding Financial Inclusion
3 COVID-19 Induced Challenges of Financial Inclusion
4 COVID-19 Induced Prospects of Financial Inclusion
5 Conclusion
6 Recommendations
Bibliography
Financial Inclusion and the Small-Scale Fisheries Sector in Namibia: A Contemporary Legal Perspective
1 Introduction
2 Contextual Background
2.1 Significance of the SSF Industry to Namibia
2.2 Small-Scale Fishers´ Barriers to Access Financing
3 Policy Issues
3.1 Ministry of Fisheries and Marine Resources Strategic Plan
3.2 National Plan of Action for the SSF
3.3 White Paper on Responsible Development of the Fisheries Sector
4 The Legal Context
4.1 The Constitution of Namibia
4.2 The Marine Resources Act 27 of 2000
4.3 Artisanal and Subsistence Fisheries
4.4 Recreational Fishing
4.5 Commercial Fisheries
5 Public Consultation
6 Inland Fisheries Resources Act 1 of 2003
7 Human Rights Issues Informing Access to Finance
7.1 Adequate Standard of Living
7.2 Equality and Non-discrimination
7.3 Recognition of Labour Rights
7.4 Cultural Rights
8 Recommendations
9 Conclusion
Bibliography
Barriers to Integrating Financial Inclusion for Coastal Small-Scale Fishermen into Namibian Fisheries Policies and Regulatory ...
1 Introduction
2 Understanding Financial Inclusion, Key Indicators and Dimensions of Financial Inclusion, Reasons Why the SFF Experience Fina...
3 Policies and Regulatory Frameworks That Should Govern Financial Inclusion of SSF in Namibia
3.1 International Policies and Regulatory Frameworks That May Govern Financial Inclusion of the Small-Scale Fishermen in Namib...
3.1.1 The United Nations Convention on the Law of the Sea
3.1.2 Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradicat...
3.1.3 The United Nations 2030 Agenda for Sustainable Development
3.2 National Policies and Regulatory Frameworks That Should Govern Financial Inclusion for the SSF in Namibia
3.2.1 The Constitution of Republic of Namibia
3.2.2 The Namibia Vision 2030
3.2.3 The National Development Plan 5
3.2.4 The Harambe Prosperity Plan II
3.2.5 The White Paper on the Responsible Management of the Inland Fisheries of Namibia
3.2.6 Marine Resources Act 27 of 2000 and the Regulations Relating to the Exploitation of Marine Resources
3.2.7 Strategic Plan of the Ministry of Fisheries and Marine Resources
3.2.8 National Plan of Action/Strategy for Small Scale Fisheries in Namibia
4 Barriers to Integrating Financial Inclusion for the Coastal SFF into the Namibian Fisheries Policies and Regulatory Framewor...
4.1 Barriers Relating to Reasons for Financial Inclusion and Market Opportunities
4.2 Barriers Relating to Education, Training and Capacity for the SSF
4.3 Barriers Relating Participation in Policies and Regulatory Frameworks
4.4 Barriers Relating to Ecological Sustainability of Fisheries Resources
5 The Way Forward: Addressing Barriers to Financial Inclusion for the Coastal SSF into Namibian Fisheries Policies and Regulat...
5.1 Recommendations That Can Be Implemented Immediately
5.2 Recommendations That Can Be Implemented on Medium Term Basis
5.3 Recommendations That Require Long-Term Planning
6 Conclusion
Bibliography
Policy and Regulatory Frameworks for Financial Inclusion in South Africa, Botswana, Namibia and Zimbabwe
1 Introduction
2 Financial Inclusion in the SADC Region
2.1 Overview
2.2 Barriers to Financial Inclusion
3 Overview of Policy and Regulatory Frameworks for Financial Inclusion in SADC
3.1 South Africa
3.2 Botswana
3.3 Namibia
3.4 Zimbabwe
3.5 Comparative Analysis of Similarities and Differences in Financial Policies and Regulatory Frameworks for South Africa, Bot...
4 Recommendations for Policy and Regulatory Frameworks for Financial Inclusion in SADC
5 Conclusion
Bibliography