n South African Law Journal - A critique of the insider trading provisions of the 2004 Securities Services Act

Volume 123, Issue 3
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



Various attempts have been made over the years by the legislature to combat insider trading and related activities. The Securities Services Act of 2004, which repeals the Insider Trading Act of 1998 and now regulates insider trading, has made significant changes to the law in this regard. However, this contribution argues that the law remains flawed in a number of respects and that certain innovations, such as the extension of the ambit of liability to cover body corporates, partnerships and trusts have been introduced without sufficient elaboration. The article seeks to analyse the new provisions and to highlight their failings.

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