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Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002)


Proceedings of the Office of the Ombud for Financial Services Providers Amendment Rules, 2004

5. Rights of complainants in connection with complaints


(a) The complainant must qualify as such in terms of the Act and these Rules.
(b) Before submitting a complaint to the Office, the complainant must endeavour to resolve the complaint with the respondent.
(c) The complainant has six months after receipt of the final response of the respondent, or after such response was due, to submit a complaint to the Office.
(d) On submitting a complaint to the Office, the complainant must satisfy the Ombud of having endeavoured to resolve the complaint with the respondent, and must produce the final response (if any) of the respondent as well as the complainant's reasons for disagreeing with the final response.
(e) A complaint must be submitted to the Office in writing or, in circumstances deemed appropriate, the Ombud may receive a complaint in any other manner, which conveys the complaint in comprehensible form.
(f) A complaint must, where necessary, be accompanied by available documentation in the complainant’s possession.
(g) The complainant must be advised by the Ombud of the response of the respondent to the extent necessary to react to such response and to decide whether the complaint should be proceeded with, and must thereafter within two weeks advise the Ombud of such reaction and decision.
(h) Subsequent to lodging a complaint with the Ombud, the complainant is entitled to submit further facts, information or documentation in connection with the complaint and must do so, to the extent possible, if requested by the Ombud.