Legal updates and opinions
News / News
The emergence of ZARONIA
In keeping with global financial market practice of moving toward risk free rates as an alternative to interbank offer rates, the South African Reserve Bank has commenced the process for transitioning to such rates.
Reference rates are at the core of many financial contracts and are important in the global financial sphere as they are utilized to measure the performance of financial activities. In South Africa, the Johannesburg Interbank Average Rate (JIBAR) has and is being used as a reference rate that underpins a significant number of financial contracts and valuations.
In order to ensure that the local interest rate benchmarks are aligned with international practices, the South African Reserve Bank (SARB) published the Draft Statement of methodology and Policies Governing SARB-administered interest benchmarks in 2020 which announced that JIBAR would cease in the near future and that there would be a transition to an alternative “risk free or near risk free rate”. The SARB has not announced an official date on which JIBAR is due to terminate, however, it is expected to cease in 2024.
To facilitate the process required to adhere to international practices in relation to reference rates and to guide the transition from JIBAR to alternative rates, the SARB established the Market Practitioners Group (MPG) which is a group comprising representatives from the SARB, the Financial Sector Conduct Authority, and senior professionals from a variety of institutions from different market interest groups active in the domestic money market. The MPG has designated the South African Rand Overnight Index Average (ZARONIA) as the preferred rate to replace JIBAR.
ZARONIA is the measure of the interest rate at which rand-denominated overnight wholesale funds in South Africa are obtained by banks, where credit, liquidity and other risks are minimal. It is an unsecured overnight rate and it is considered to be a more resilient rate as it is based on actual transactions that are reported daily to the SARB. ZARONIA is currently being published on the SARB website to allow market participants to observe the rate, while the MPG considers its implications and plans for the JIBAR transition. The SARB has advised that market participants are strongly discouraged from using ZARONIA in financial contracts until the SARB and the MPG indicate otherwise.
Globally, there is a shift from interbank offer rates (IBORs) to alternative reference rates. IBORs are considered a source of systemic risk as they are capable of, and susceptible to, manipulation. Although South African regulators have concluded that no manipulation has occurred with JIBAR (as the IBOR used in South Africa), the underlying risk remains that manipulation may occur. This is mainly due to the fact that JIBAR is based on indicative rates from only five contributing banks. Consequently, there is a necessity for a more robust rate that has less chance of being manipulated.
South African financial market participants can be guided by the cessation of LIBOR in the United Kingdom in relation to the steps that can be taken when transitioning to another reference rate. The Loan Markets Association (LMA), being the authority for the syndicated loan market in Europe, the Middle East and Africa, is yet to reach a landing on standardized wording to be utilized in transactions to accommodate the transition from JIBAR to ZARONIA. Most standard agreements do contain clauses that cater for market disruptions such as a change in rates. However, financial market participants need to be cognisant of the fact that transitioning from JIBAR to a new rate may not maintain the economic equivalence sought to be achieved with JIBAR, being the original rate in transactions.
It is prudent for financial market participants to understand how ZARONIA will affect transactions going forward and to keep abreast of the notices from the MPG in respect of the transition from JIBAR.
Read more about our Banking & Finance practice area.
Latest News
Caught on the sidelines: The cost of employee sick leave abuse
Danelle Plaatjies - Candidate Attorney and Yendiswa Sithole - Candidate Attorney What is an employer to do when an employee [...]
Striking a balance: The impact of strike violence on protected strikes
Danelle Plaatjies - Candidate Attorney and Hanan Jeppie - Candidate Attorney Issue Whether a protected strike that was characterised [...]
Court orders un-redacted documents be provided to SARS
Section 46 of the Tax Administration Act, 2011 (TAA) allows SARS to request 'relevant material' in relation to a taxpayer [...]
The Competition Commission’s Revised Final Public Interest Guidelines: A Critical Framework for Merger Analysis
and Chiara Ferri - Candidate Attorney Introduction The South African Competition Commission ("Commission") has published its final revised Public Interest [...]
Constitutional Court considers evictions in the inner-city of Cape Town
On 27 February 2024, the Constitutional Court heard oral arguments in the matter of Charnell Commando and Others v City [...]
Newsflash: The Competition Authority of Kenya clarifies the position on Administrative Remedies and Settlement.
and Lwazi-Lwandile Simelane - Candidate Attorney On 21 March 2024, the Competition Authority of Kenya ("the CAK") announced that it [...]